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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

UNITED STATES OF AMERICA, Plaintiff, vs. KENYAN TERRANCE PAYNE, SR., ET AL., Defendants.

) ) ) ) ) ) ) ) ) )

CASE NO:

CR-07-01215(A)-SJO CRIMINAL

Los Angeles, California Wednesday, November 26, 2008 (8:35 a.m. to 12:03 p.m.)

JURY TRIAL BEFORE THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGE

Appearances: Court Recorder: Deputy Clerk: Law Clerks:

See next page Margarita Lopez Victor P. Cruz Emily Churg Kerry Begley Exceptional Reporting Services, Inc. 14493 S. Padre Island Drive Suite A-400 Corpus Christi, TX 78418-5940 361 949-2988

Transcribed by:

Proceedings recorded by electronic sound recording; transcript produced by transcription service.
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APPEARANCES FOR:

The Government:

ROSALIND WANG, ESQ. KERRY C. O’NEILL, ESQ. WILLIAM A. CROWFOOT, ESQ. Assistant United States Attorney 312 North Spring Street Los Angeles, CA 90012 Agent James Smith JOHN P. ROGERS, ESQ. MICHAEL MERESAK, ESQ. Attorney at Law 120 S. Central, Suite 130 St. Louis, MO 63105 ROBERT M. ROSS, ESQ. Klass, Helman, and Ross 16133 Ventura Blvd., Suite 1145 Encino, CA 91436 DAVID KALYONIDES, ESQ. 624 South Grand Ave., Suite 2200 Los Angeles, CA 90017 PETER CARL SWARTH, ESQ. 4804 Laurel Canyon Blvd., Suite 232 North Hollywood, CA 91607 JAMES PERNELL COOPER, III, ESQ. 5777 W. Century Blvd., Suite 750 Los Angeles, CA 90045

FBI: Oscar Dillon:

Tracy Prince:

Roy Burris:

Demond Lee:

Bernard Beard:

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INDEX

WITNESS FOR THE GOVERNMENT

DIRECT

CROSS

REDIRECT

RECROSS

Ralph Simms By Ms. By Mr. By Mr. By Mr.

Wang Rogers Swarth Kaloyanides

-----

10 12 14 17

Andrew Lindholm By Ms. Wang By Mr. Swarth Fernando Mata By Ms. Wang By Mr. Swarth Daniel Corral By Mr. Crowfoot By Mr. Rogers

19 29

---

37 46

---

52 111

---

EXHIBITS GOVERNMENT’S EXHIBITS Number 88 Number 89 Numbers 90 and 91 RECEIVED 39 40 41

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Los Angeles, California; Wednesday, November 26, 2008;8:35 a.m. Call to Order THE CLERK: again in session. THE COURT: Okay. Please have a seat. We’re back on Please come to order. This Court is

the record on United States versus Payne. present with the Defendants.

All Counsel are

Mr. Simms is back in the witness chair. Government has rested with Mr. Simms yesterday. request? MS. WANG: Oh, I’m sorry, your Honor.

The

What’s the

I didn’t

realize that I had rested.

I assumed that we were going into

redirect and the only reason we had cut off was because it was time to cut off. THE COURT: MS. WANG: THE COURT: requesting? MS. WANG: just -THE COURT: MS. WANG: THE COURT: MS. WANG: THE COURT: Well, what do you need to cover? I just wanted to go into some of the -Well, what’s the offer of proof? Well, it’d just be -As to why the Court should allow you to I’m not requesting any, your Honor. I Well, we had redirected. I mean re-redirected. How many re’s do you -- are you

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reopen? MS. WANG: The only issue is that I think the Defense

is left with the impression that Mr. Simms has lied throughout his proffer -THE COURT: Court has. MS. WANG: THE COURT: impression. MS. WANG: And I think Government will want to But I think that -And I think that’s a reasonable I think that’s the impression that the

clarify that with Mr. Simms. THE COURT: clarify? MS. WANG: Well, I think the -- I think what the Well, what parts are you going to

witness would say is that he lied through his first proffer but did not subsequently lie after that. (Pause) THE COURT: Every time Mr. Simms is asked a question For example, with Exhibit

he seems to tell a different story.

268 the 11 page conversation regarding Mr. Burris, he’s testified on direct and redirect regarding the -- his understanding of certain portions of the conversations, on cross-examination he testified that he doesn’t really remember what the conversation was really about and there -- the question is whether he’s referring to the entire conversation
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or only portions of it.

He says Mr. Burris was never involved,

never bought, never sold, never assisted, never helped -- does the Government have more than this? MS. WANG: Really it was just to clarify the -- those

-- that situation with the proffers. THE COURT: example. This witness has said Mr. Burris was never involved in drug sales, drug purchases, never assisted, never aided, never abetted, never profited. Does the Government have No, but in reference to Mr. Burris, for

another witness that it intends to call to -- regarding Mr. Burris? MS. WANG: Simms, your Honor. Well, just in regards to the witness, Mr. He has said that Mr. Burris was going to be And he has testified

paid from the marijuana transaction.

that, in these several calls, Mr. Burris was giving him updates as to how the marijuana was selling in St. Louis. So the Government not’s -THE COURT: may be the case. They had conversations about drugs that

But it’s not clear to the Court that Mr.

Burris was involved at all in drug sales. MS. WANG: But your Honor, in order for Defendant

Burris to be guilty of conspiracy, he doesn’t have to have been actively selling the drugs or transporting the drugs. But the

fact that he’s in St. Louis and he’s giving status updates and
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he expects that he’ll be paid out of the drug sales -THE COURT: MS. WANG: THE COURT: Government’s theory? what? MS. WANG: THE COURT: MS. WANG: And -THE COURT: testify to? MS. WANG: THE COURT: Well, I think he’s already testified that. Well, look. I don’t know what this And I would hope that And that’s what this witness is going to Well, for the introduction to the source. Pardon? The introduction to the source of supply. Paid for what? I’m sorry? What was he getting paid for? He was getting paid for what? What’s the Doing

witness has said involving Mr. Burris.

the Government has a stronger case that what I’ve heard so far. (Pause) THE COURT: I don’t know how many times you can say

that Mr. Burris was not involved. MR. KALOYANIDES: clarify. And your Honor, if I may just

Mr. Simms testified he was going to give money from

the sale, not that Mr. Burris was getting money for doing anything. THE COURT: Exactly. That was his testimony.

MR. KALOYANIDES:

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 calls. money for?

THE COURT:

And I -- the question -- the question is

what he getting money for? My question is to the Government. What is he getting

What’s Mr. -- what’s your theory for the case?

What is Mr. Burris getting money for? MS. WANG: Well, I mean he’s out there in St. Louis

and he’s giving status reports to Simms as to how the marijuana is selling and -THE COURT: I don’t interpret what this witness has Now, I don’t know how many

said as providing status reports.

times he can say that Mr. Burris was not involved in this -- in these drug transactions. MS. WANG: Burris was involved. THE COURT: MS. WANG: No, it does not. Not so far. Well, but the evidence does show that Mr.

And Defendant Burris is also on the phone

THE COURT:

At best, if you could draw -- if you

could draw two reasonable interpretations from the evidence so far, one which points to guilt and one which points to innocence. Assuming best case scenario for the Government, one The

which points to guilt and one which points to innocence.

jury must adopt the interpretation that points to innocence. That’s the definition of reasonable doubt. So, look -- look, you can proceed with your case, but
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I would -- I’m waiting for more than what the Government has offered. If this is the best that the Government has involving

Mr. Burris then you may have a problem with your case. So I’ll let you reopen because I think the Government should be given additional opportunity to prove its case. let’s bring the jury in and you can reopen. (Pause) (Jurors enter the courtroom) THE COURT: with the alternates. We have our jury coming into the court Welcome everyone. We continue So

All Defendants are present with Counsel. with the Government’s case-in-chief. Would you please have a seat, Mr. Simms? (Witness takes the stand) THE CLERK: THE WITNESS: THE CLERK: under oath. Good morning, sir. Good morning.

Once again you are reminded you are still

For the record please state your name and then

spell your last name. THE WITNESS: THE CLERK: THE WITNESS: THE COURT: Ralph E. Simms, S-I-M-M-S. Thank you, sir. Thank you. The Government is pursuing a re re-direct

of Mr. Simms because the Government has additional questions. Go ahead.
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Simms - Further Redirect by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q BY MS. WANG: Q Mr. Simms, you had talked about lying through your first MS. WANG: Thank you.

FURTHER REDIRECT EXAMINATION

proffer with the Government on -- in March of 2008.

Subsequent

to that do you recall meeting with the Government in April, 2008? A Q A Q Yes. And did you lie through that proffer as well? May I read it just to be sure? Yes, it’s Defense Exhibit 307. (Pause; Witness reads Defense Exhibit 307) No, I didn’t lie through this one. And do you recall meeting with agents in St. Louis and May I read it?

Atlanta? A Q Yes. And did you lie to the agents in St. Louis and Atlanta

during your meetings with them? A Q No. When you were conducting these meetings -- or when you in Did the

these meetings, who was directing the questioning?

agents ask you specific questions or did they just ask you to tell them whatever you knew about the case? A Q They asked me to tell whatever I knew about the case. Did they ask you about specific people or did they just
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Simms - Further Redirect by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 leave it open-ended? MR. ROGERS: THE COURT: THE WITNESS: BY MS. WANG: Q Objection. Overruled. Could you repeat the question again? Leading.

Did they ask you to talk about specific people or did they

just leave it open-ended as to what you wanted to talk about? A Q It was -- just left it open-ended. All right, so they -- the agents didn’t give you a topic

that they wanted you to talk -MR. ROGERS: suggestive, your Honor. THE COURT: THE WITNESS: BY MS. WANG: Q All right. You mentioned earlier that Defendant Burris Overruled. No. Objection. This is leading and

expected to be paid for the marijuana transaction in fall of 2007. A Why were you going to pay Defendant Burris? Is that the guy that I had got the marijuana from -- you

know I met him through Burris, so it was just because I met him through Burris. That way, you know, me and Lewis had talked,

we’s like well, since we met him through him and that’s -we’re just going to pay him. MS. WANG: THE COURT: Cause of that.

I have nothing further, your Honor. That’s it?

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Simms - Further Recross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 omission”? A Q Yes. That means when you don’t tell the whole truth and then Correct? BY MR. ROGERS: Q John Rogers on behalf of Mr. Dillon. Mr. Simms, do you understand the term “lie by MS. WANG: THE COURT: MR. ROGERS: That’s it, your Honor. Go ahead, Mr. Rogers. Thank you, your Honor.

FURTHER RECROSS EXAMINATION

you purposely don’t say something. A Q sir? A Q Correct. All right. Correct.

And that can be deceptive true -- also.

Is that correct,

And just a moment ago Ms. Wang asked you a

number of questions concerning your proffer on -- in April of 2008. A Q You remember that, sir? Yes. And in nowhere -- and you said, through her questioning,

that the agents didn’t hit you with a bunch of point-blank questions. A Q Correct, sir?

Correct. What they said was they wanted to know whatever you knew.

Right?
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Simms - Further Recross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q knew. A Q Right.

And that wasn’t -- that allowed you to tell them what you True? True. And so -- you know, a couple days ago you made some

general comments that you had been dealing with Mr. Dillon in 2005 in the narcotics business. A Q 2005. A Q Correct. You didn’t give a bunch of specifics, you just said in Right? Correct. That information was not conveyed at any point in time You remember that?

when you had an opportunity to speak with those agents in April 2008. A Q Was it, sir? Correct. Right. And so you omitted that information according to Correct?

what you’re saying today. A Q Correct.

And that’s deceptive, if you’re to believe what your story Right?

was two days ago. A No.

You think I could have got everything in in one I don’t think so. MR. ROGERS: THE COURT: Nothing further. Any additional questions? Yes, your Honor.

meeting?

MR. KALOYANIDES:

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Simms - Further Recross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SWARTH: Q I want to follow up very briefly on that last line of MR. SWARTH: Excuse me, we’re out of order.

going to have some questions, but I don’t want -MR. KALOYANIDES: MR. SWARTH: THE COURT: Oh, I’m sorry, your Honor.

-- to step on Mr. Kaloyanides. No, let’s pursue the same order. I’m sorry, your Honor.

MR. KALOYANIDES: MR. SWARTH: THE COURT: MR. SWARTH:

Oh, I’m sorry, sir. Mr. Swarth. You want to go? Okay.

FURTHER RECROSS EXAMINATION

questioning. You agree that to omit is also to lie? the truth -- omit the truth. A Q Correct. Now you say you were being honest with the agents after Correct? Correct? If you admit

that first interview in November. A Q A Q Correct.

And you met with them in March? What I said -- may I ask the question again? What -- now -- let me ask my question. Okay?

You said that you were -- you told them whatever you could think of, any lie you could think of, when you were having your post-arrest interview. Is that correct?

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Simms - Further Recross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Yes. Okay.

But we did establish yesterday that the information Correct?

regarding Tweety was accurate in that interview. A Q Yes. Okay.

Now you also had an interview in March of 2008.

Correct? A Q A Q A Q A Q Correct. You had an interview in April of 2008? Correct. Is that correct? Correct. And you had an interview in August of 2008. Correct. And in none of those -- none of those interviews did you Correct? Correct? Correct?

ever mention the name Demond Lee? A Q A Q Well, for the -Is that correct? That’s correct. Okay.

And you did just testify that you were -- you were

offering to the Government that was not asking you pointed questions everything you knew. A Q Correct. Okay. The last thing I want to ask you is I just want to Am I Correct?

see if I can identify your relationship with Mr. Lee.

correct, did you tell me that your mother and Mr. Lee’s
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Simms - Further Recross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 grandmother were sisters? A Q Yes. And during -- we established yesterday that you went --

when you went to prison on your murder conviction Mr. Lee was still a little boy. A Q Correct. Is it true, however, that on visiting days the family Correct?

would bring him along with other members of the family up to visit you? A Q A Q Correct. And so he saw you as he was growing up. Correct. And so then -- there was not a total separation, though Correct?

you were away from society essentially for almost 18 years, there was still an opportunity to have some closeness, some relationship with Mr. Lee and other members of your family. Correct? A Q Correct. And when he would come to Los Angeles on his business as a Correct?

trucker, he would stay with you. A Q Correct. Okay. I thank you. MR. SWARTH: your Honor. THE COURT:

I have no further questions.

Thank you,

Anyone else?

Mr. Kaloyanides?

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Simms - Further Recross by Mr. Kaloyanides 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. KALOYANIDES: Thank you, your Honor.

FURTHER RECROSS EXAMINATION BY MR. KALOYANIDES: Q A Q Good morning, Mr. Simms. Good morning, sir. This morning Ms. Wang asked you a question and she phrased

it that Mr. Burris expected to be paid from the marijuana deal you were doing with Mr. Lewis. You didn’t testify that Mr. Burris expected to be paid, did you? A No. What I said was -- you know, after we met the guy,

Ryan Dean (phonetic) that gave us the weed, the marijuana, was -- that me and Lewis talked about it and then we told them -you know, we felt that we was going to pay them because we met the guy through him. Q Right. And yesterday you also testified, and correct me

if I’m wrong, that Mr. Burris did not introduce you to Mr. Dean so that you could get marijuana. A Q A Q Right. You met him because he’s a friend of Mr. Burris’s. Right. You also testified, and again, correct me if I’m wrong, Right? Right? Right?

that Mr. Burris went to St. Louis for vacation. A Q Yes.

He was not going there to give you updates on Mr. Lewis’s
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Simms - Further Recross by Mr. Kaloyanides 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lindholm. THE CLERK: Good morning, sir. drug transactions. A Q Right. He was not going there to be your status report man. Right?

Right? A Q A Q Right. He was not there to monitor the sales. Right. You called him up because you hadn’t heard from Mr. Lewis. Right?

Right? A Q Yes. And you knew that Mr. Burris, your best friend, would tell Right?

you the straight story about what he may have known. A Q A Q Right. And you were not paying him for that. No. Thank you. MR. KALOYANIDES: THE COURT: MS. WANG: THE COURT: Were you?

Nothing further, your Honor. May be witness be excused? Thank you.

Anyone else?

Yes, your Honor.

Thank you, sir, for your testimony.

(Witness is excused from the stand) THE COURT: MS. WANG: Next witness. Your Honor, the Government calls Andy

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Lindholm - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. WANG: Q A Q A Q A Mr. Lindholm, what is your job title? I’m a sergeant with the California Highway Patrol. And how long have you been with the highway patrol? Twenty-five years. And what are your job responsibilities there? M. THE CLERK: THE COURT: MS. WANG: Thank you. Your witness. Thank you. DIRECT EXAMINATION MR. LINDHOLM: THE CLERK: Good morning.

Sir, would you please stop and raise your

right hand to be sworn? ANDREW LINDHOLM, GOVERNMENT’S WITNESS, SWORN THE CLERK: THE COURT: THE CLERK: Thank you, sir. Please be seated.

We just lost a light. Sir, for the record, would you please

state your name and spell your last name? THE WITNESS: Charles Andrew Lindholm, L-I-N-D-H-O-L-

I am the supervisor of the special enforcement unit which

is the inland division’s canine team stationed out of the Rancho Cucamonga area. Q And of the 25 years of -- you’ve been with the CHP how

many of it dealt with drug trafficking?
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Lindholm - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Drug trafficking specifically, I started in about 1992

when I was selected as the canine handler for the San Bernardino area CHP office. Before that, working graveyards here in the central Los Angeles area I had been involved in several DUI stops or other types of stops that ended up developing into possession for sales as well as personal possession arrests. Q A Q A Are you familiar with secret compartments? Yes, I am. What is a secret compartment? Compartment is a location that has been modified in some

way in a vehicle to enable the driver of that vehicle to hide drugs, weapons, or the money from the sale of drugs. Q A Q A Q A Q A And are secret compartments legal? No, they are not. I’m sorry. They are not. Illegal or -- legal or illegal? They are illegal. And under what provisions are they illegal? Under the Health and Safety Code, 11366.8(a), a felony,

states basically that anytime a compartment in a vehicle has been modified in any way to allow the hiding or the secretion of drugs or the products from drug sales, weapons, that they would be guilty of a felony.
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Lindholm - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A

How many secret compartments have you seen in your career? It’s impossible to say. Personal -- personally arrests However, as a

that I’ve made have been in excess of a hundred.

canine handler -- I’m also bilingual in Spanish, so on many cases when a partner officer would get a find that had a secret compartment, I would be called out to the scene to assist in translation or to run my dog. So I would observe that

compartment even though it wasn’t specifically my arrest. So I would estimate possibly up to a thousand different types of compartments that I’ve been involved in. see several times that many in classes that I’ve taken or conferences that I’ve attended where they’ve shown photographs of common concealment and new types of compartments that I’ve actually seen, not in person, but through training and photograph. And sometimes even they would remove that To

compartment and bring it to the conference, such as a seat compartment or a battery compartment inside an auto battery and they would have that battery present there for us to look at. So I’ve seen all of those as well. Q A Q A Q Have you testified as an expert in secret compartments? Yes, I have. How many times? I would estimate between 20 and 25 times. Are there certain common characteristics of secret

compartments in vehicles?
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Lindholm - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Yes. What are those? Many times when a compartment is constructed we are

actually looking for or smelling for the presence of those building materials that they would use to construct that compartment. Sometimes a compartment could be inside a fender

well where they had to acttally cut an access panel in that fender well in order access the compartment. In order to close that back up to make it appear as though no compartment is there, they’ll use Bondo, spray over it with fresh paint or undercoating. All of those chemical

odors are indicators that someone has been in there and created that compartment. Also carpeting, where it shouldn’t be, carpeting glued down in an area where actually the factories or manufacturers of vehicles don’t glue their carpet down. So if

we encounter, say, a floor where you try to lift the carpet and look underneath it and that carpet is secured by some kind of glue, then I automatically know that this has been an aftermarket modification because the factories don’t glue their carpets down to the floor. Q All right. Did you participate in the -- in this

investigation on August 10th, 2007? A Q Yes, I did. And what did you do in this investigation?
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Lindholm - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Actually on this investigation I backed up one of my

canine handlers, Officer Mike Blane, as he had made a stop northbound on the 15 Freeway in the vicinity of the 395. Q A And where -- what city were you in, approximately? It’s actually an unincorporated area of San Bernardino

County, just south of Hesperia, the city of Hesperia. Q A And what did Mike Blane pull over? He pulled over a bob-tailed big rig. That’s a tractor

with no trailer.

Just the three-axled truck tractor with the

fifth wheel exposed and no trailer being pulled behind it. Q A Q Do you mean like a cab without an end? Yes. Did you see who was the occupant of that -- I guess, the

bob-tail, as you call it? A I actually saw the subject out of the vehicle that Officer

Mike Blane was talking to at the time I pulled up because I pulled up a few minutes after the actual stop was made. Q A Q A Q And can you describe that occupant? I recall that he was a black male, thin. Do you recognize that person in the courtroom today? No, not without guessing, I don’t. And what did you do after you had pulled in behind Mike

Blane? A I placed the subject in the backseat of my patrol car,

it’s a caged car where he could be secured, and so that we
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Lindholm - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q could search the vehicle in safety. Q A Q A And then did you search the vehicle? Yes.

And did you find anything significant inside the vehicle? Yes, we did. As soon as you entered the cab area through

the open door there was a strong smell of new wood or fresh lumber. At that point we began searching the interior of the

vehicle, saw that there was a gap between the back wall of the sleeper berth area, the very rear of the living space inside that tractor, and the interior wall behind the bed of the sleeper berth. At that point we removed the two closet or compartment, storage compartment areas, plastic shelving basically, in the upper corners of the sleeper berth area. We

removed screws holding the back wall in place and were able to pull it forward enough to look down inside that area and saw that there was a constructed compartment. Q A Q Would you have considered that a secret compartment? Yes. Could you take a look, please, there are some manila

folders in front of you, Government Exhibits 73 through 81. I’m sorry, 73 through 82. And just look up when you’re done.

You recognize this? Yes, I do. What are those?
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Lindholm - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Court. BY MS. WANG: Q A Q A And do you see what’s up there on the screen? Yes, I do. Can you explain what that is? If you are standing between the driver and the passenger A Those are photographs of the interior sleeper berth area

of that compartment. MS. WANG: Your Honor, I’d like to publish what’s

been previously admitted into evidence and that’s -THE COURT: MS. WANG: Yes, please. All right. Publishing Exhibit to the

seats facing towards the rear of the truck inside the cab, that is the rear sleeper berth wall of that tractor. Q A And the box to the left, what is that? That is that shelving or storage compartment that I said

we had to remove in order to access the compartment. MS. WANG: Your Honor -And there’s a duplicate one of those on

THE WITNESS: the opposite side. MS. WANG: BY MS. WANG: Q A

Your Honor, I’m publishing Exhibit 76.

And what is Exhibit 76? This is that back wall removed exposing the construction The manufacturer --

of that compartment creating the void.

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Lindholm - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

when that vehicle was manufactured that wall was within an inch of that back wall where you see the number 38, that wood built that compartment out in order to allow that space that you see there now. Q What were approximately the dimensions of this

compartment? A Well, the wood that you see there appear to be two by So, that’s approximately an eight inch gap from

four, perhaps.

the floor of that sleeper berth all the way up six feet high up to the roof, approximately, of the interior of that cab. you can see it takes that entire back wall, which is approximately eight feet wide, six feet high and at least four inches deep -- or six to eight inches deep with the two two by fours. Q Have you seen cabs that contain secret compartments As

before? A Q Yes, I have. And based on your experience would you say that this

compartment was a common or uncommon type of secret compartment? A Q A Q Fairly common. And did it look like it was finished? Yes. Based on your experience what was that compartment

designed to hold?
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Lindholm - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SWARTH: THE COURT: MR. SWARTH: THE WITNESS: that location. Objection. Overruled. And speculation. Well it can hold anything that fit in Foundation.

What it would easily accommodate is doubleYou could also put in any manner of

stacked kilos of cocaine.

containers with that width. Now a kilo being solid you could stack more as opposed to say a plastic container or a loose bag of something that could get pinched and broken open. But a kilo container

there, I would say that compartment could probably hold anywhere from 75 to 100 kilos of cocaine in that compartment. Q How long did it take you to -- oh, after you opened the

secret compartment did you then close it up? A Q A Yes, we did. And did it require any special equipment to open? A Makita screw gun is what we used. Several -- between 20

and 50 screws were required to take off those outer shelving compartments that you saw the picture of, as well as the screws holding the plywood in place to the back wall there and to that wood. So, basically it was the screw gun and also a pry bar to

pull that wood free from the back in order to look down into the compartment. And when we opened it we did not activate -- if you see that metal latch coming out that actually hooks into what
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Lindholm - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is commonly used in a trunk of a vehicle, a trunk latch.

were two trunk latches holding that compartment closed, we did not pop those latches. We actually removed the whole wall and

peeled the wall forward to look down into the compartment without actually activating those latches. Q A So -So to put it back together we just replaced all of the

screws that we had removed and pushed it back into position. Q All right. So you did not open it, you believe the way it

was designed to open? A Q That’s correct. And why did you close up the secret compartment

afterwards? A We contacted the requesting officer who asked us to make

that stop, Officer Mike -Q A And who was -- go ahead. -- Officer Mike Blane, contacted him and told him what we That we could arrest him for the felony possession

had found.

of the compartment, but he requested us to just close it up and let the subject go. Q A Q A Q And who was the requesting official? I have no idea. Did you tell the driver of the vehicle what you had found? No, we did not. Or what did you do with the driver of that vehicle after
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Lindholm - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SWARTH: Q A Q Good morning, sir. Good morning. My name’s Peter Swarth and I represent one of the Honor. THE COURT: MR. ROGERS: MR. COOPER: Any cross? Not for Mr. Dillon, your Honor. Not for Mr. Beard, your Honor. No, thank you, your Honor. you found that? A

We told him that we were sorry that it took so long for us

to search his vehicle, but that there was something going on with the walls of his tractor and we couldn’t find anything wrong, but he needed to be careful and that he was free to go. MS. WANG: I have nothing further at this time, your

MR. KALOYANIDES: MR. ROSS: MR. SWARTH: THE COURT:

Nothing for Mr. Prince, your Honor. I have a couple of questions. Mr. Swarth. CROSS EXAMINATION

Defendants’ in this case, his name is Demond Lee. Sir, am I correct that -- do you recall what the grounds were stated for this traffic stop? A Yes. I believe he was speeding was the reason that

Officer Blane pulled him over. Q Okay. Are you sure it was speeding or perhaps it was a
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Lindholm - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 claim that Mr. Lee had failed to stop at a scale? MS. WANG: THE COURT: THE WITNESS: after the stop was made. me. BY MR. SWARTH: Q Isn’t it true that whatever the stated grounds for the Wasn’t it? Objection. Overruled. I’m not sure. Actually I approached Foundation.

I only recall what Officer Blane told

stop was, this was a prearranged stop? A

We had previous information that if we saw this vehicle to

make a stop on it, yes. Q Okay. And so a pretext was arranged in order to make the Isn’t that correct?

stop in order to get inside the vehicle. A Q A No pretext. Well --

An actual violation was observed which --

-- allowed us to make a legal stop, whether we had known However, the focus of the vehicle --

that before or not. Q A

Well, hang on a second, hang on -Go ahead. THE COURT: THE WITNESS: MR. SWARTH: THE COURT: MR. SWARTH: THE WITNESS: Let him finish his response. The -He’s not answering my question. Let him finish his response. Thank you, your Honor. The focus on the vehicle was based on

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Lindholm - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the request from an allied agency. BY MR. SWARTH: Q A Q Was the gentleman issued a speeding ticket? Not that I recall. Okay. Now, the officer that made the stop. Was he a

canine officer? A Q A Q A Q A Q Yes, he was. Did he have a canine companion that day? He did. And was that canine used in entering the vehicle? No, it was not. So the canine didn’t come out of the officer’s vehicle? That’s correct. Would it surprise you if there’s different information? MS. WANG: THE COURT: Objection. Foundation, speculation.

Well, that -- it’s -- whether he’s It assumes facts.

surprised or not it’s irrelevant. Sustained. MR. SWARTH: BY MR. SWARTH: Q

Thank you, your Honor.

Did you participate in the search of this vehicle

yourself? A Q A Yes, I did. Did you go inside? Yes, I did.
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Lindholm - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And did you personally view what you’ve testified to

today? A Q A Q A Q A Q A Q Yes, I did. Okay. No. Did you see any evidence of narcotics?

We found no narcotics in the vehicle.

No residue. No. Correct? No. No packaged money? No. Right? It was just empty, it was -- it’s a compartment No paraphernalia?

that you suspect is useable for transporting drugs, but there is no evidence of it being used for transporting drugs. Agreed? A Q That’s correct. Was there a particular reason why the canine officer was

used to make the stop? A The particular reason is that we are familiar with

narcotics investigations and that we were the number that requesting agencies would call. Q A Q unit?
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Okay.

So I mean --

And half --- in other words it was a specific request for a canine

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Lindholm - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A For the canine unit -When this stop was going to be made? Yes.

But I also have several non-canine handlers that are

part of my team and the request could have just as easily been handed to them. Q A Q A But it didn’t, it was handed to the one with the dog? Correct. Okay. How much advance notice did you have on this call? Enough time for us to catch up to the

I don’t recall.

vehicle and make the stop. Q Okay. Did -- other than speeding and other than the

request from U.S. Government agents to make the stop and search, there were no grounds for you to enter into that vehicle, were there? There was no basis for a search inside

that vehicle, was there? A So your question is, if we hadn’t observed a violation and

we hadn’t received a -Q A Well, let’s --- request from the agency we wouldn’t have stopped the

vehicle? Q So in other words you don’t understand my question. Okay. That would be my fault. Let

me ask it again.

Let me try

and get it better. Speeding, in your experience, does not in -- a speeding ticket, all on its own, or a speeding violation, since
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Lindholm - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we have no ticket in this case. Is it your experience that

that entitles an officer to search the inside of a vehicle? A Q A Q No. You require something more? Correct. Generally, you require a warrant. MS. WANG: THE COURT: Objection. Right?

Relevance. These

It’s going to be sustained on 403.

are legal determinations for the Court to determine. BY MR. SWARTH: Q Other than the speeding and the request by U.S. Government

officers, there was no other independent grounds for you to make entry into that vehicle. A Correct? However, there

Once the stop was made, yes, there was.

has to be probable cause or reasonable suspicion in order to initiate that contact which would be the speeding or the driving by the scales without stopping. Q When you say “once the stop was made” there was cause.

Did the driver do something? A It was actually having knowledge of what is normal

operating procedures for a truck driver and the circumstances that this particular person gave as to his activities over the previous few days. For truck drivers, for instance, they’re required to maintain a log book which explains how many hours they’ve been
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Lindholm - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 driving, how many hours they’ve been off in order to insure that someone driving an 80,000 pound vehicle isn’t going to

fall asleep behind the wheel and crash into a bunch of traffic. So there are certain laws that we investigate on a big rig stop different than a regular passenger vehicle stop and there were certain things involved in this stop that were not consistent with the industry of truck driving, but that are consistent with drug trafficking. Q So you’re saying, in other words, you’re saying he didn’t

have his logs up to date. A No, not necessarily. It is that a truck driver makes He had driven this

money when he’s driving -- carrying a load. vehicle -Q A Q A Q A Q Hang on a second. Sure. Are you a truck driver? No. Have you been a truck driver? Never. If I may stop you?

And yet you’re going to speak to me now as to what truck

drivers think is important? A That’s correct. Not what truck drivers think are

important, but the industry norms. Q A And you’re not a member of the trucking industry? No.
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Lindholm - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 //
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Q A Q

And you’ve never been a member of the trucking industry? No. Then I think I’ll take a pass. (Laughter) MR. SWARTH: THE COURT: MS. WANG: THE COURT: THE WITNESS: THE COURT: No further questions. Any redirect? Nothing further, your Honor, thank you. May the witness be excused? Certainly, your Honor. Thank you. Thank you for your testimony. Thank you. Thanks very much.

(Witness is excused from the stand) THE COURT: MS. WANG: Mata. THE CLERK: Sir, would you please stop and raise your Next witness. Your Honor, the Government calls Fernando

right hand and be sworn? FERNANDO MATA, GOVERNMENT’S WITNESS, SWORN THE CLERK: Thank you. Sir, please be seated.

Sir, for the record, would you please state your name and then spell your last name. THE WITNESS: THE CLERK: THE COURT: MS. WANG: Fernando Mata, M-A-T-A. Thank you. Your witness. Thank you, your Honor.

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Mata - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. WANG: Q A Q What is your job title? I’m a police detective for the city of Redondo Beach. DIRECT EXAMINATION

And how long have you been with the city of Redondo Beach

Police Department? A Q A Q A unit. Q A What was your assignment in July and August of 2007? I was assigned to LA impact, group 1, primarily a Twenty-five years. And what is your current assignment? I’m assigned to LA impact, the quarantine group temp. And can you explain what that is? That’s a covert operation informant network intelligent

surveillance team. Q And did you do something in this investigation on July

7th, 2007? A Q A Yes, I did. What did you do on that day? I was asked by Special Jim Smith if I would monitor the

activity at 748 East 27th Street in the city of Los Angeles. Q And approximately what time did you get to -- or 748 East

27th Street? A Q I arrived at the location at approximately 06:30 hours. And what did you see there?
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Mata - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 at? MR. SPEAKER: BY MS. WANG: Q A Q A Q A Q Do you recognize that? Yes, I do. What is it? That is the residence at 748 East 27th Street. And is that a photograph? Yes, it is. Have there been any additions made to that photograph? Eight, eight. Thank you. A I observed a Nissan Pathfinder parked in the driveway of

748 East 27th Street and in the back driveway there was a tractor with Illinois plates on it, blue/silver in color. Q A Q I’m sorry, with what plates on it? Illinois plates. Okay. Where was the tractor parked in relation to the

residence? A Q To the rear of the residence in an alley. Could you take a look, please, there’s folders in front of

you, at Government’s Exhibit 88? A Q Eight, eight? Eight, eight. MR. SPEAKER: Pardon me, what number are we looking

I

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Mata - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q And --- the house is depicted on the photograph here. Including the markings, is that a fair and accurate

representation of the area that you were surveilling on July 7th? A Yes, ma’am. MS. WANG: Your Honor, the Government moves to admit

Exhibit 88 and permission to publish? THE COURT: Received.

(Government’s Exhibit Number 88 was received in evidence) BY MS. WANG: Q And could you explain on Exhibit 88 where the residence is

that you were watching? A It is the -- the residence that I was watching -- the

front door faces 27th Street and the alley is off of Stanford Avenue. Q A Q A Is it marked on that photograph? Yes, it is. How is it marked? Stanford Avenue is marked with capital letters there and

27th Street is marked just directly in front of the house. Q A Q All right. And 748 is on the roof. And could you point out on that photo where you saw the

tractor parked?
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Mata - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 received. A In the alley backed into the driveway there where the

wrought iron fence is. Q A Q Does that alleyway run parallel to East 27th Street? Yes. Could you take a look, please, at Exhibits 90 and 91. Do -I’m

sorry, 89, 90, and 91. A Q A

I have 89 in front of me. What’s 89? Do you recognize it?

Yeah, that’s the -- excuse me, that’s the residence at 748

East 27th Street and the Nissan Pathfinder backed into the driveway. MS. WANG: BY MS. WANG: Q Is that a fair and accurate depiction of the residence as Your Honor, the Government --

you saw it on 7-27? A Q A Yes. On 7-7-07? Yes. MS. WANG: Your Honor, the Government moves to admit

Exhibit 89 and permission to publish. THE COURT: I’m assuming no objection. It’s

(Government’s Exhibit Number 89 was received in evidence) BY MS. WANG: Q And which residence was it that you were watching on
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Mata - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 received. Exhibit 89? A The residence I was watching is -- the residence there

with the Pathfinder backed in the driveway which is 748 East 27th. Q And relative to this picture, where was the tractor

parked? A Q A To the rear of this residence. And what about Exhibits 90 and 91? Ninety is -- it’s showing the tractor parked in the alley

off of Stanford Street. Q A And 91? Ninety-one is showing the same picture. Just a little

closer. Q Are those photos a fair and accurate depiction of the

truck as you saw it parked? MS. WANG: Your Honor, the Government moves to admit

90 and 91 into evidence and permission to publish. THE COURT: No objection being entered, they’re

(Government’s Exhibits Numbers 90 and 91 were received in evidence) BY MS. WANG: Q I’m publishing 90. Did that truck -- or that tractor

leave at any point during your surveillance? A On this date?
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Mata - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q On that date. No. Did you see anyone leaving the residence that you were

watching on that date? A Q A Yes, I did. Who did you see? I saw a malE Hispanic, exit the residence. A female And they loaded

Hispanic exit the residence and a young child.

up into the Nissan Pathfinder and they drove from there to a Bank of America on Figueroa Street. Q A Q Are you able to recognize the male Hispanic by sight? Yes. And could you take a look, please, at Exhibit 178, which

has previously been moved into evidence? A I’m looking, it could be misplaced. It’s jumping from

one -THE CLERK: THE WITNESS: THE COURT: MS. WANG: previously admitted. THE COURT: MS. WANG: BY MS. WANG: Q All right. I’m publishing 178. Could you look on your It’s been previously received, yes. Okay. What exhibit? One seventy-eight, sir. It’s not --

Maybe you could publish it on the ELMO. I’ll publish on the ELMO. It’s been

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Mata - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it. THE COURT: It’ll be sustained. Ask your next screen? A Q A Q A Q A Q Yes. Do you recognize that? Yes. Who is that? That’s the subject known to me as Adam. And was that the person you saw on that day? Yes.

Did you also do something in this investigation on August

10, 2007? A Q A Yes. What did you do on that day? I had received information from Special Agent Jim Smith

that a subject known to me as D-boy was en route on the 10 Freeway, probably heading to the area of -MR. SWARTH: Objection. Hearsay. I move to strike

question and then if the -- if Counsel would like it -- a limiting instruction you can so request. MS. WANG: BY MS. WANG: Q A What did you actually do on that day? I observed a tractor -- I observed a tractor on the 10 Yes, your Honor.

Freeway at Milliken at the Ontario Truck Stop traveling
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Mata - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 eastbound on the 10 Freeway. Q And was that the same truck that you saw parked at the

residence on July 7th, 2007? A Q Yes. Could you take a look, please, at Exhibit 70? Actually,

I’ll just publish Exhibit 70. MS. WANG: BY MS. WANG: Q A Q A Q A Could you look on the screen? Yes, ma’am. Do you recognize that exhibit? That is the tractor. Yes. It’s been previously admitted, your Honor.

And you said you saw it on the 10 Freeway? It was traveling eastbound on the 10 Freeway, off of

Milliken, just north of the truck stop. Q A Q A Q And what did you do when you saw that truck? I engaged in a surveillance of that vehicle. Could you see who was driving that truck? Yes, I could. Where were you at the time that you could see who was

driving that truck? A I was coming up to -- in the number one traffic lane,

eastbound on the 10 Freeway at about Milliken when I observed the tractor in the number 4 traffic lane. I was at a dead stop

in traffic and as I looked over to my right, through my window,
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Mata - Direct by Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor. THE COURT: BY MS. WANG: Q A Q A Could you describe the driver of the vehicle? Yes. He was a male African-American -The jury’s ordered to disregard it. Hearsay. THE COURT: MS. WANG: MR. SWARTH: Motion granted. All right, so -I will ask for an instruction, your

I could see a male African American driving that vehicle and I had previously seen him on previous surveillance and he was known to me as D-boy or -Q All right. I’ll just stop you there. Again, objection. Move to strike.

MR. SWARTH:

All right. -- he had short hair, he was fairly tall, he was thin and

from previous -Q All right. I’ll just stop you there. Do you see the

driver in the courtroom today? A Q A Yes, I do. Could you describe what he’s wearing and where he is? He’s sitting in the second row in the back there with

about a number 1 haircut with a plaid shirt. THE COURT: THE WITNESS: Well, I’m not sure -I can’t see over there --

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Mata - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SWARTH: Q A Q Good morning, sir. Good morning, sir. My name’s Peter Swarth. Mr. Ross. THE COURT: MR. ROSS: Mr. Ross? No? this time. MR. ROGERS: your Honor. THE COURT: MR. COOPER: THE COURT: MR. SWARTH: Any questions? No questions on behalf of Mr. Beard. Mr. Swarth, any questions? No thank you on behalf of Mr. Dillon, THE COURT: THE WITNESS: (Laughter) THE WITNESS: Sorry. Those are all just -- right -- a number 1 haircut is very short. Very short, very short, haircut.

there with the Defense Counsel scratching his head right now. THE COURT: MS. WANG: Okay. Indicating the Defendant. Nothing further at

Thank you, your Honor.

Oh, okay, I’m -- I was just waiting for

Nothing, your Honor. CROSS EXAMINATION

And I represent Defendant -- the -- one of the Defendants’

in this case, his name is Demond Lee. On July 7th, when you first started your surveillance, is that when you initiated your surveillance?
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Mata - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q On that particular date, yes. Okay. On that particular location?

That day, yes. Well, is that the day that you initiated your surveillance

of that location? A Q A Q I had other surveillances prior to that there. Of that location? Yes, sir. Okay. Was the truck present at that location on any

previous occasions? A Q A I believe so. When? I can’t recall right now without looking at the complete

report. Q A Q A Q Did you see the truck arrive at the location? No. Did you see who drove the truck to that location? No. Do you know offhand when the truck arrived at that

location? A Q A Q Without referring to the report I can’t answer that, sir. In other words you don’t have an independent recollection? That is correct. Right. Otherwise, you’ve been able -- you feel you’ve

been able to testify today without referring to a report.
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Mata - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Correct? A Q Yes, sir. Now, you say you saw the driver of the vehicle on August Correct?

10th on the 10 Freeway. A Q That is correct.

And that you had an opportunity to look from -- by the

way, when you made the observations that you spoke about about seeing the driver in the vehicle next to you -- am I correct, that it was next to you? A Q Two lanes over. Two lanes over. Were you -- and the -- I think you had Correct?

the truck in the number 4 lane. A Q That is correct.

And for those who might not be initiated the number 4 lane Correct?

is actually the one closest to the exit lane. A Q A Q A Q A Q A Q That is correct.

And the number 1 lane is the high speed lane? Yes, sir. Okay. So this truck was over in the slow lane?

That is correct. And at the time that you saw the vehicle it was at a stop? I was at a stop in traffic. You were at a stop. No, sir. So you made your observations. You saw this person and Was the truck at a stop?

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Mata - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 based on this view you were able to make an identification.

The vehicle was moving past you and you were stopped in traffic two lanes over. A Q Correct. And am I correct in assuming that you did not simply stop Correct?

on a freeway with traffic whizzing by you on all the other lanes? A Q A Q A Q No. It was --

Traffic was stopped in all the -Yes, sir. -- except the number 4 lane which was moving. Number 4 -- he was merging onto the number 4 lane, yes. Okay. And for how long did you surveil this vehicle from

that point? A I surveilled that vehicle until I could have California

Highway Patrol initiate a traffic stop on the vehicle. Q A Q Can you give me distance or time? Probably 30 minutes. Okay. And are you saying you observed for 30 minutes and

then you asked CHP to initiate the stop or is it 30 minutes until the stop? A Q Thirty minutes until the stop. Okay. And you were on the 10 or the 15, what highway were

you following this vehicle on? A Traveling the 10 East to the 15th -- the 15 North.
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Mata - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A And what were traffic conditions that day? It was tight for a while there until we got onto the 15

Freeway. Q A Okay. Did it open up on the 15?

It wasn’t bumper to bumper and you weren’t flowing at 60 It probably was about 30 miles an hour,

or 70 miles an hour. 35 miles an hour. Q A Q A Q A Q Okay.

All the way up on the 15?

Yes, sir. So it was about 30 or 35 until we had the traffic stop? Correct. Is 30 miles an hour speeding on the California freeways? No, sir. Okay. Thank you. MS. WANG: MR. SWARTH: THE COURT: MR. SWARTH: THE COURT: MR. SWARTH: Objection, relevance. I have no further questions. Sustained. I’m sorry? The objection was sustained. Then let me -- I’m sorry. If I may Sustained.

then, let me -- I didn’t anticipate the Court’s ruling, so let me try and ask a different question, a different way, if I may. BY MR. SWARTH: Q Did you -- in calling the CHP, to make a stop. Correct? That was

your intention.

Calling CHP and have them stop this

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Mata - Cross by Mr. Swarth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 relevance. MR. SWARTH: THE COURT: Thank you. No further. vehicle. A Q Correct?

Yes, sir. Let me try it -- some foundation. Before you became a

detective, you’re with the Los Angeles Police Department? A Q Redondo Beach Police Department. Redondo, I’m sorry, my mistake. Before you became a

detective you were a patrol officer? A Q A Q A Q Yes, sir. You handled traffic offenses? Spent six years in the traffic bureau. You’re familiar with what speeding means? Yes, sir. The truck wasn’t speeding, was it? MS. WANG: THE COURT: Objection, relevance. It’s sustained, it’s sustained on 403, in What it --

Any -- anyone else? No, thank you, your Honor.

MR. KALOYANIDES: THE COURT: MS. WANG: THE COURT: THE WITNESS:

Redirect? No, thank you, your Honor. Thank you sir, for your testimony. Thank you, sir.

(The witness is excused from the stand) THE COURT: Next witness.

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. CROWFOOT: Q Good morning, Mr. Corral. MR. CROWFOOT: Daniel Corral. THE COURT: Hold on. Is Mr. Corral here? Your Honor, the United States calls

MR. CROWFOOT: THE COURT:

Yes, your Honor, he’s here.

Okay. The agent went to get him. Sir, would you

MR. CROWFOOT: THE CLERK:

Sir, please come forward.

please stop and raise your right hand this morning? DANIEL CORRAL, GOVERNMENT WITNESS, SWORN THE CLERK: Thank you, sir. Please be seated.

Sir, for the record would you please state your name and then spell your last name? THE WITNESS: THE CLERK: THE COURT: Daniel Corral. Thank you. Your witness. Thank you, your Honor. Corral, C-O-R-R-A-L.

MR. CROWFOOT:

DIRECT EXAMINATION

Would you tell the jury please,

how old you are? A Q A Q A I just turned 34. Where were you born? Culver City, California. Where did you grow up? Culver City.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A How far did you get in school? Tenth grade. What happened after 10th grade? After 10th grade I just -MR. ROGERS: THE COURT: BY MR. CROWFOOT: Q A Q A Q A Q case? A Q A Yes, I was. And when did that occur? Excuse me, I wasn’t arrested. But when the Indictment Did you drop out of school? Yes. Are you married, Mr. Corral? Yes. And what is your wife’s name? Yvonne Vasquez. Mr. Corral, were you arrested on the Indictment in this Objection, relevance. Overruled.

came out I surrendered to the authorities in February. Q A Q A Q A Of this year? Yes. And did you plead guilty in this case? Yes. What crime did you plead guilty to? Conspiracy to distribute cocaine.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you plead guilty as part of a written agreement with

the Government? A Q Yes. Does that plea agreement require that you provide

cooperation? A Q A Q A Q A Q A Q A Q A Q case? A Q Yes. What United States Attorneys’ office are you dealing with Yes. Are you currently under indictment in any other case? Yes, I am. What are you charged with in that case? The same, conspiracy to -And is that a Federal case? Yes, it is. And where was that Indictment lodged? Detroit, Michigan. Have you pleaded guilty in that case? No, I haven’t. Have you been offered a plea agreement in that case? No, I haven’t. Are you hoping to be offered a plea agreement in that

in that case? A Q Detroit, Michigan. That’s good enough.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Yeah. Mr. Corral, other than your guilty plea in this case, do

you have any prior felony convictions of any kind? A Q No, I don’t. Do you have any prior convictions of any kind related to

drug trafficking? A Q No, I don’t. Were you involved in drug trafficking prior to the --

prior to the crime that you’re charged with on this case? A Q A Q A Q A Q Yes, I was. When did you first become involved with selling drugs? Nineteen, ninety-nine. How old were you about then? Nineteen, ninety-nine. Well, 10 years ago roughly. Twenty, twenty-five, twenty-six. When you first got started selling drugs, what drugs were

you selling? A Q Marijuana. Did you, at any time, become involved in selling any other

kinds of drugs? A 2002. Q A How did you become involved in selling cocaine? The customers had -- I had some friends that brought it
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Yes, I did.

I started since selling cocaine, right around

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 all to the table back in 2002. Gramatigo (phonetic). Q Ruben Salazar and John Paul

When you say “they brought it all to the table,” what does

that mean? A Q Well, they brought some customers, customers in. And did you have a source of supply of cocaine to be able

to deal with them? A Q A Q Yes, I did. Okay. Here in Los Angeles.

Who was that?

At that time I had -- it was a gentleman called Chi Chi. Now between 2002 and 2006, what quantity of drugs, on

average, of cocaine on average, were you selling each month as a result of the cocaine dealing that you just said you got involved in? A Q A Q Hundreds. Hundreds of what? Of kilos of cocaine. And between 2002 and 2006 who were your principal

customers for that cocaine? A A man named Terry, a man named Meat, John Paul Gramatigo,

Ruben Salazar and Wayne Joyner. Q A Do you know where those customers were located? They were based -- they were out in East Coast area.

Detroit, St. Louis, Atlanta, everywhere. Q Do you know whether any of those customers were buying
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 drugs for distribution in the LA area? A Q Yes, they were. In addition to being the middle man in those cocaine

deals, did you have any kind of street distribution organization of your own? A Q Yes. How many people did -- well, did you have any people who

you paid to help you with your drug dealing? A Q Yes, I did, two of them. Two men.

And were those the guys who were distributing on the

street? A Q Yes. How did you communicate with your -- well, the people that

work for you and the people that were your customers and your suppliers? A Q A Q A Q A Q A Q How’d I communicate with them? Yes. Through cell phones. Did you have more than one phone? Yes, I did. How many phones did you normally have? I would carry at least five on me. And why -Five cell phones on me. I’m sorry. And why did you have so many phones?

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, cell phones for different customers.

different -- different people. Q And why did you have different cell phones for different

customers? A law. Q A Q A Q A Q A Q A How did you think the law might detect you? Well, wire taps. Just trying avoid wire taps. To -- well, to avoid, you know, being in detect by the

Did you subscribe to the cell phones under your own name? No, I wouldn’t. How would you get those though? I would put them under fake names. And did you ever use prepaid cell phones? Yes, I did. How long did you normally keep your phones? I would keep them -- I would change up every two to three

weeks. Q A Q A Q A Q A Now, do you know a person by the name of Ralph Simms? Absolutely. When did you first meet him? Late 2006. And who introduced you to Ralph Simms? Wayne Joyner. Who was Wayne Joyner? He was a customer.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q Did you know Simms by any name other than Ralph Simms? Sure, Paco.

When did you learn that his name actually was Ralph Simms? After the Indictments came out. Did Simms call you by your real name? No, he wouldn’t. What was the name he called you by? Hugo and Nice. Okay. Where did your first meeting with Ralph Simms take

place? A Q Late ’06 at the Marriott Hotel. At the Marriott Hotel. Do you recall which Marriott

Hotel? A Q By the LAX. And do you recall who was present at the meeting other

than Simms? A Sure. Wayne Joyner, Ruben Salazar, and a couple other

people from St. Louis. Q A yeah. Q Did you and Simms arrange any drug sales after that What was the purpose of your meeting with Simms? The purpose was to talk about drugs, kilos of cocaine,

meeting? A Q Yes, we did. When was that -- when did that happen?
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q Sometime right after that. That would be in what year? Two thousand and six -- like late, you know, 2006. Okay. So right after the meeting?

Right around October area, right around there. Well, all right. Turning your attention now to your first What did you sell

transaction with Mr. Simms in late 2006. him? A Q Kilos of cocaine was the first deal.

Do you recall how many kilos of cocaine were involved in

that deal? A I can’t give you a actual amount, but it was between 15 to

20 kilos. Q In that particular case, do you recall who supplied you

with the cocaine? A Q Wilbur. And now you had mentioned before that you had been getting

your cocaine from somebody by the name of Chi Chi? A Q A 2005. Q A And what happened to Chi Chi? He -- Chi Chi was still around, but there was a lot of Yes. How did Wilbur get into the picture? Wilbur became one of my suppliers sometime in 2005, 2004,

money owed to him.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q I see. And did you have any other suppliers in addition

to Wilbur? A Q A Q Yes, I did. Who was that? Yvonne Vasquez, Wilbur -Now, is Yvonne Vasquez the same Yvonne Vasquez to whom you

are married? A Q A Q A Q Yes, it is. When did you meet Yvonne Vasquez? Nineteen, ninety-eight. When did you marry Yvonne Vasquez? Two thousand and five, March, of 2005. Between 1998 and 2005 were you involved -- well, was

Yvonne Vasquez involved in supplying cocaine or drugs to anybody during that period? A Q Yes, she was. Did you work with her on drug trafficking during that

period between 1998 and 2005? A Not until right around like 2000 -- like 2 or 3, I Right around there.

believe. Q

In 2002 or 3 that was when you developed those customers

that you mentioned who wanted cocaine? A Q Yes. Turning now back to your first transaction with Mr. Simms.

Did you have to pay your supplier, Wilbur, in advance for the
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cocaine that you provided Mr. Simms? A Q A Q A Q Sometimes I would. But in that particular case, do you recall? On the first deal? Yes. I can’t remember.

When -- did Simms pay you in advance for the cocaine that

you supplied to him? A Q No. In that first deal? Did Simms ever pay you for the

cocaine from that first deal? A Q A Yes, he did. How much later did he pay you? Maybe about a week -- a week after that, after we gave it

to him. Q A Q A Did he personally pay you? Yes, he did. Now, do you know what the term “fronting the drugs” means? Yes. It means you don’t got to put the cash up and a

front will take a day, two, three or four days and then you will get your money back. Q Now was it your normal practice to front drugs to somebody As you did to Mr. Simms?

in a first deal? A Q Yes.

That -- why is that?
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, because the -- there -- the history was already

there. Q A What do you mean by that? With Wayne Joyner, with Mr. Wayne -- the history was

already there. Q A What history would -- what do you mean exactly? Well, the history would be distributing hundreds of kilos

of cocaine with Wayne Joyner. Q A Q You’re referring to your history with Wayne Joyner? Yes, my history, yes. Now, did Wayne Joyner say anything about Mr. Simms that

caused you to front drugs to Mr. Simms? A good. Q Well he had mentioned that he’s -- you know, -- this guy’s This guy’s good for it. Now did Simms tell you what he was going to do with the

cocaine that he bought from you? MR. ROGERS: THE WITNESS: THE COURT: BY MR. CROWFOOT: Q Did Mr. Simms tell you what he was going to do with the Objection. Excuse me? Objection’s overruled. Hearsay.

cocaine that he bought from you? A Oh, yes. He was going to send it to his people in St.

Louis. Q Did he, at that time, tell you who those people were?
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Yes. And who were they? Tito, Muscles, another guy named Cuzzo. He had a number

of customers out there. Q A Q In St. Louis? Yes. Now, were you supposed to -- were you supposed to take the In your arrangement with Mr.

cocaine to St. Louis yourself? Simms? A Q A Q On the first deal? Yes. No, no.

Well, how -- what -- did you and Simms make arrangements

for the delivery of that cocaine to St Louis? A Q A Yes, we did. And what were those arrangements that you made? Well, the -- an individual by the name of Little D

transported that cocaine -Q A Q A Q Now, we’re talking about the --- to St. Louis. -- first transaction? Yes. This is the first one.

And who was Little D? MR. ROGERS: THE COURT: Objection. Overruled. No foundation.

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. CROWFOOT: Q A Q A Did you know this person, Little D? Yes. I had met him through Simms.

And who is that -- do you know that person’s real name? No, I don’t. He’s the transporter guy, he ships the

drugs. Q

He’s a shipper.

Now at any point, does that person Little D also go by the

name of Tweety? A Q A No. Who is Tweety? Tweety’s another guy that works for Wilbur and Yvonne

Vasquez. Q A Q And -He’s -- yeah. -- who -- I’m sorry. To go -- so was this Tweety one of Is that somebody

your guys?

I mean, not Tweety, Little D.

who worked for you? A Q A Q A Q No, he worked for Simms. I see. Uh-huh. And Tweety worked for? Tweety worked for Yvonne Vasquez and Wilber. Did Tweety ever also -- well, I’ll come back to that.

Now, do you recall the interview you had with Special Agent Smith and Ms. Wang, prosecutor Wang, and Special Agent Wagner
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in February of this year? A Q A Q Yes, I do. What was that meeting for? It was a proffer meeting. And do you remember telling them a different story about

what you sold Simms in your first transaction with Simms? A Q Yes. What did you tell them you sold Simms in that first

transaction? A Q A Q Eight ounces of marijuana. Was that the truth? No. It was a lie.

And was there a reason why you lied to the agents and the

prosecutor in that first meeting about what you sold? A I have never experienced nothing like that. I was

concerned and you know, scared. Q Now after your first cocaine transaction with Mr. Simms,

did you supply Simms with any more drugs? A Q A did. Q Do you recall how many completed transactions you had with And by that Yes, I did. Where -- did you continue to supply him with cocaine? I continued to supply him with kilos of cocaine. Yes, I

Mr. Simms in which you supplied him with cocaine?

I mean where you delivered the cocaine and you actually got
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 paid for it? A Q Right around six -- six deals.

Did you supply him exclusively with cocaine or did any of

those deals involve anything else? A Q A Q A Q A Q Cocaine. Did you supply him the same amount of cocaine each time? No. It varied.

And what was the range that it varied from and to? From 20 to 35, 45 to as high as 80. Did -Kilos of cocaine. Thank you. Did -- you mentioned that in your first

transaction Simms told you who it was in St. Louis that he was sending this stuff to. Did he tell you during subsequent

deals, deals after your first one, that he was continuing to sell or to supply that cocaine to those same people? MR. SWARTH: THE COURT: THE WITNESS: BY MR. CROWFOOT: Q Now, you mentioned that in that first transaction somebody In those other six Objection, hearsay. Overruled. Yes.

by the name of Little D took the cocaine.

deals or so that you had with Mr. Simms, who transported the coke? Did you make arrangements, did you discuss with Simms

each time how the drugs, how the cocaine was going to get to
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of. THE COURT: MR. ROGERS: THE COURT: BY MR. CROWFOOT: Q You said there were six deals. Does that include the Of vague? Vagueness. Sustained. St. Louis? A Q Yes, yes. And you did not take the cocaine to St. Louis yourself Correct?

personally. A Q

That’s correct. Who took that cocaine to St. Louis in those subsequent --

in those transactions after the first one? MR. ROGERS: THE COURT: MR. ROGERS: THE COURT: MR. ROGERS: Objection. Overruled. And foundation. Go ahead. I object as to which deals he’s speaking I -- that’s all right. Hearsay.

first or there were six in addition to the first? A Q Six on top of the first. Okay. Let’s look at the second deal. Do you recall who

-- what arrangements were made to take the cocaine to St. Louis in that second deal? A Q By a man named D-boy transported it. And do you know D-boy’s real name?
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to strike. THE COURT: The motion would be granted. Lacks foundation. A At the time I didn’t, but now I do.

After the Indictment,

it’s of Demond Lee. MR. SWARTH: Objection. Move to strike. Move

MR. KALOYANIDES:

Objection, lacks foundation.

The jury’s

ordered to disregard it. BY MR. CROWFOOT: Q

Mr. Corral, did you ever have occasion to actually meet

this person named D-boy? A Q A Q him? MR. SWARTH: THE COURT: THE WITNESS: THE COURT: BY MR. CROWFOOT: Q Why did Simms introduce you to D-boy? MR. KALOYANIDES: calls for speculation. MR. SWARTH: THE COURT: Objection. Overruled. It’s mine. Objection. Lack of foundation, Objection. Vague, what was going on? Yeah, I had met him once. I met him through Simms.

And where did you meet him? Here in Los Angeles at Simms location. Do you recall the -- what was going on at the time you met

Do you understand the question? No, I don’t. Rephrase it.

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: transporter. Well, he told me D-boy was the

He’s the guy that drives the trucks and he -- at

the time he was working for a truck company and he was the guy transporting the drugs back and forth. BY MR. CROWFOOT: Q In -- do you recall whether anybody other than D-boy From LA to St. Louis.

transported any of those other loads to St. Louis? A Yes. MR. ROGERS: THE COURT: THE WITNESS: BY MR. CROWFOOT: Q A Q And Tweety? Yeah, a guy named Tweety. In each of those subsequent deals, the deals after the The cocaine to Objection. Overruled. Tweety. Foundation.

first one, did you continue to front the drugs? Mr. Simms? A Q A Q A Q A Yes.

In those deals did you get paid for that cocaine? Yes. How did you get -- who paid you? Simms. How long would it generally take him to pay you? The turn around would be from a week to two weeks at the

latest.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did Simms ever explain to you in connection with those

transactions where he was getting the money from? MR. ROGERS: THE COURT: THE WITNESS: BY MR. CROWFOOT: Q Did he tell you how the money was going to arrive in Los Objection. Overruled. It -- cause -- his people in St. Louis. Hearsay.

Angeles? A Q A Q A Q A Through D-boy and the big truck. The trailer.

Were you ever present when D-boy arrived with the money? On one occasion I do remember. How did you know that that occurred? Cause I personally picked up the money myself. Was D-boy present when you picked up the money? Yes, he was. MR. SWARTH: I’m going to object then to -- and The

strike that entire line of questioning, your Honor.

initial question was “Were you present when the money arrived?” And that’s -THE COURT: MR. SWARTH: THE COURT: MR. SWARTH: BY MR. CROWFOOT: Q Now you said you have learned the real name of this person
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What’s the ground? Relevance, hearsay, foundation. Overruled on each. Thank you.

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 denied. BY MR. CROWFOOT: Q A When did you learn -- how did you learn that real name? Well, when the Indictments came out. MR. KALOYANIDES: foundation. Objection. Same objection, lacks that you were introduced to as D-boy. real name is? A Q A Yes, I do. What is that name? Demond Lee. MR. KALOYANIDES: Move to strike. Objection. Calls for hearsay. Do you know what that

Lacks foundation. Join. The objections are overruled. Motion is

MR. SPEAKER: THE COURT:

Move to strike, your Honor. Motion denied. Objection’s overruled.

THE COURT: BY MR. CROWFOOT: Q

Do you see that person, Demond Lee, that D-boy, here in

this courtroom today? THE COURT: THE WITNESS: over there. BY MR. CROWFOOT: Q Could you describe him a little bit more specifically, You can stand up if you wish. Yeah. The gentleman standing right

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A brown collared shirt, right over there. THE COURT: BY MR. CROWFOOT: Q A Would you describe the shirt more specifically? Additional.

A checkered shirt, the brown shirt straight -- right over

there. THE COURT: Indicating the Defendant. Thank you, your Honor.

MR. CROWFOOT: THE COURT: BY MR. CROWFOOT: Q

Mr. Lee.

Now, Mr. Corral, you have said that you have supplied Did you

cocaine to Mr. Simms for his customers in St. Louis.

ever give Mr. Simms any cash for him to buy cocaine from somebody other than you? A Q A Q A Q A Q A Q A Yes. When did that happen? Late January, sometime in February. Of what year? ’07. Do you remember how much cash you gave him? Ninety-five k. And where did you get that cash? Some cash I had buried. You had it buried? Yeah, I had it buried.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And why did you give Simms cash to get cocaine from

somewhere else? A Cause the money looked awful and other suppliers wouldn’t

take it, so Simms tells me he had someone that would. Q A What types of -- how did the money look exactly? It looked awful, it looked like -- you know, faded money.

It looked like rats bit it, it just looked terrible. Q A Q A Q What type of bills were these, were this money? Hundreds and fifties. Was the -- how was the -- was the cash wrapped in any way? Well, it was in a -- it was $5,000 stacks. Why didn’t you just use that money to buy cocaine from

your own suppliers? A Q A I tried, but they wouldn’t take it. Did Simms tell you what he did with the money? Yeah, he purchased six or seven kilos of cocaine from

someone else. Q A Q A Q A Did he ever repay you the $95,000? Yes, he did. How much money did he give you? Right over a 100,000. What did that money look like? Clean money. MR. CROWFOOT: I’m going to publish, your Honor,

Exhibits 10, Government Exhibits 10, 11 and 12, which were
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 previously admitted into evidence, so that -THE COURT: Go ahead, please. -- Mr. Corral can see them.

MR. CROWFOOT: Thank you. BY MR. CROWFOOT: Q

Now, Mr. Corral, this is -- Exhibit 10 is now on display Are you able to see that on the screen in front

on the screen.

of you or on one of the big ones? A Q I can see it right in front of me. And what is -- what is it you’re looking at? Do you

recognize that? A Q The money I gave Simms. This is -MR. CROWFOOT: BY MR. CROWFOOT: Q A Q A Q Can you see that on your screen? Yes. Are we looking at the same -- the same money? I believe so, yes. Does -- is that frayed? Is that what you mean by the rats I’m publishing Exhibit 11.

chewed on it? A Yeah, faded money -- just looks like it’s ripped apart.

That’s the money I gave him. Q A Same? Yes. This I’m publishing now, Exhibit 12. This is it.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Mr. Corral, did you ever meet Oscar Dillon? Yes. When did you meet that person?

Late January, sometime in February, I met him in Carson on

Turmont (phonetic) Street. Q And -- on Carson at Turmont Street -- I was going to ask

you where did you meet him. What is the significance of -- what is -- what is that location on Turmont Street in Carson that you met him at? A Q A Q A Q A Q A It was a home, one of Simms’s homes. Had you been to that home before? Yes, I have. Who arranged for your meeting with Mr. Dillon? Simms. Was he present at the meeting? Yes. Do you recall whether anybody else was present? Simms, Muscles, and there was a woman and another guy that

I don’t know of. Q Now you’ve mentioned that Simms and Muscles -- I’m going

to come back to this question in a moment. A Q Uh-huh. Matter of fact I’m going to come back to the question now.

When you were introduced to Mr. Dillon, were you introduced to him as Oscar Dillon or were you introduced to him by some other
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 name? MR. ROGERS: THE COURT: THE WITNESS: BY MR. CROWFOOT: Q A Q Were you given any other name for him? No, I wasn’t. Did you have any subsequent dealings with that person, Objection. Leading.

That’s -- it’s overruled. I was introduced to him to Muscles.

Muscles? A Q Yes. Were you -- did you ever learn any other names or

nicknames for him? A Yes. MR. ROGERS: THE COURT: BY MR. CROWFOOT: Q A Q What were those names? Chest, Brother, yeah. Now, going back to that meeting, your first -- your Objection. Overruled. No foundation.

meeting with -- did you subsequently learn the true name of Muscles or Chest? A Q A Yes, I did. And when did you learn that? When the Indictments came out. MR. ROGERS: I object. This is an improper -- an

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Indictment is not personal knowledge, your Honor. THE COURT: MR. ROGERS: What’s the ground? It’s hearsay and there’s no foundation

for the identification based on an Indictment. THE COURT: BY MR. CROWFOOT: Q A Q A Do you see Mr. Dillon in court here today? Yes. Could you point him out, please? He’s just sitting right over there. With the blue shirt Overruled.

and tie. Q I actually didn’t hear your answer. What did you say?

Which shirt? A tie. Q A Q A In the first row or -Straight back. -- the second row? Second row. THE COURT: Indicating Mr. Dillon. Thank you, your Honor. He’s sitting over there with the blue -- blue shirt and a

MR. CROWFOOT: BY MR. CROWFOOT: Q

Now, in the -- what was the purpose of your meeting with

Mr. Dillon in early 2007? A We discussed kilos of cocaine.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And just -- you discussed kilos of cocaine for what

purpose? A We -- well, for him to have kilos of cocaine in his

hometown of St. Louis. Q A Q And who was going to supply those kilos of cocaine? I was. After that first meeting or after that meeting did you

ever supply Dillon with cocaine? A Q Yes, I did. When you supplied Dillon with cocaine was Simms involved

in that process? A Q A Yes. What was his role? Simms’s role?

Simms’s role was to help transport the -- pretty much to

have everything arranged. Q Do you recall when the first time was that you supplied Was it -Object to foundation. I want to say March. I object. There’s been no foundation

Dillon with cocaine? MR. ROGERS:

THE WITNESS: MR. ROGERS:

known that this -- he has any first-hand knowledge of that. THE COURT: BY MR. CROWFOOT: Q A Excuse me, just repeat your answer, if you would. March, right around March, I believe.
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The objection’s overruled.

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 struck. to strike. MR. ROGERS: THE COURT: Join. Q A Q A Q A Q Of which year? ’07. And how much cocaine did you supply? Thirty-five kilos of cocaine. Did you deliver that to Dillon? Not myself, yeah, but it did get to St. Louis. Who did you deliver it too? MR. KALOYANIDES: Objection. Lacks foundation.

Move

The response “it did get to St. Louis” is

The jury’s ordered to disregard it. You can ask your question.

BY MR. CROWFOOT: Q A Q Who did you deliver that cocaine too? To Simms. Did Simms tell you or confirm to you who that cocaine was

going too? A Q Yes. Do you recall what price you were charging for that

cocaine? A Q A Q Sixteen, five. What does that mean? Sixteen thousand, five hundred. Per kilo. How many

Do you recall how big that transaction was for?
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Louis? A Q Not me personally. Who transported that cocaine to St. Louis?
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kilos were involved? A Q A Q Thirty-five. Did you get paid for that cocaine? Yes. Was that before or after you delivered the cocaine to

Simms? A Q After. In your first -- in your meeting with Dillon, did you get

his telephone number? A Q A No, I didn’t. So how did you communicate with him? I didn’t start communicating with him till maybe a couple

months after that. Q Well after that first transaction with Mr. Dillon did you

supply him with any more cocaine? A Q A Q A Q Yes, I did. Did you deliver it directly? Yes. To Mr. Dillon? Yes. Well, let me back up on that question. Did you personally transport that cocaine to St.

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recess. A Q A Q Tweety did. Tweety did. Yeah. Now you said you -- how many transactions -- how many

times did you supply cocaine to Mr. Dillon? A Q Right around four times, four to five times. At some point you said you got Mr. Dillon’s telephone

number? A Q Yes. Who gave you that? THE COURT: Okay. Why don’t we take the morning Please

Please -- let’s make it a 20 minute recess.

return at 25 to the hour.

During your absence do not discuss

the case amongst yourself or with any other person. Sir, please wait until the jury exits. (Jurors exit the courtroom) (Court in recess from 10:17 a.m. to 10:38 a.m.) (Jurors entered the courtroom at 10:38 a.m.) THE CLERK: THE COURT: THE CLERK: THE COURT: Thank you, everyone. Please be seated.

Did you share it with Counsel? I did not. Okay. Let me have you share it. I have

a note from one of the jurors. Counsel so Counsel can see it. THE CLERK:

I’m going to share it with

Would you just pass it around when --

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. CROWFOOT: Q Mr. Corral, before the break, you mentioned that after (Attorneys read juror note) THE COURT: You may proceed. Thank you, your Honor.

MR. CROWFOOT:

DIRECT EXAMINATION (RESUMED)

your first transaction with Mr. Dillon, you supplied him with cocaine on several additional occasions and you mentioned how many times that was and how much cocaine you supplied but what I did not ask you and I’ll ask you now is over what period of time after that first day, how long did you -- how long did that supply relationship continue? A Well, from -- say, right around six months, six, seven

months between February and, like, July. Q A Q Of ’07? Of ’07, correct. And in each case, you did agree with Mr. Simms on the

transportation arrangements for that cocaine to get to St. Louis, correct? A Q Correct. And forgive me if I’ve ask you this already but there were Was the cocaine

a number of objections and I don’t remember.

that you subsequently delivered to Mr. Dillon or to Simms for delivery to Dillon -- was it transported to St. Louis in each case by the same person, to your knowledge?
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it. BY MR. CROWFOOT: Q A Q And who were those two people? D-Boy and Tweety. Considering that you mentioned that you had done four to MR. SWARTH: THE COURT: THE WITNESS: Objection, calls for speculation. Overruled. There was two people that transported

five additional deliveries for Mr. Dillon, do you know how many of those were delivered by Tweety and how many were delivered by Demond Lee? MR. SWARTH: BY MR. CROWFOOT: Q Well, do you remember how many of those were delivered by Objection, compound.

Demond Lee? A Q A Q At least three. Were you paid for each one of those transactions? Yes. Did Simms tell you in each case the arrangements for

bringing the money back to Los Angeles? A Q Yes. Did the same person -- who brought the money back to

Los Angeles in each of those cases? A D-Boy did. MR. SWARTH: Objection, no foundation.

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: BY MR. CROWFOOT: Q Now, you mentioned that at some point, you did actually Overruled.

get Mr. Dillon’s telephone number, correct? A Q A Q Correct. How did you get that telephone number? Through Simms. Did you ever then after that have occasion to speak with

Mr. Dillon on the telephone? A Q Yes. And what did you talk -- how many times did you speak with

Defendant Dillon over the telephone? A I would say roughly -MR. ROGERS: THE COURT: THE WITNESS: BY MR. CROWFOOT: Q Did you engage in any -- what was the subject matter of Objection, speculation. Overruled. Roughly between five or ten times.

those telephone conversations that you had with Mr. Dillon? A Q A Q To discuss the business. The business being what? Cocaine. So when you say you were discussing the business, were you

discussing -- do you mean that you were discussing those transactions, those supplies, those five supplies that -- or
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

whatever number it was after you got his telephone number with Mr. Dillon? A Q Yes. Now, I’m going to turn your attention to a specific event Do you recall meeting with Ralph Simms on

in March of 2007. March 27, 2007? A Q A Q A Q A Q A Q A Yes.

Do you recall where you met him? Chili’s. And what is Chili’s? Chili’s Restaurant. And where is that restaurant located? Carson. What was the purpose of that meeting? To discuss kilograms of cocaine. Do you recall who was present at that meeting? Simms, Tito, some guy named Big Rob and some girls were

there, too, but I can’t remember. Q A Any other males there? There was some other guy from St. Louis there. I can’t --

D-Sod or D-Hod, something like that. Q When you said that the meeting was to discuss kilos of Do you recall whether there

cocaine, can you be more specific?

was a particular transaction you were discussing that day? A Yes. Yeah, I do remember D-Boy was there also.
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We were

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 talking about kilos of cocaine. Q And were you making -- was the purpose of the meeting to

make arrangements or was it a general discussion? A It was for arrangements for D-Boy to pull out of L.A.

within a couple days with kilos of cocaine. Q A Q A Q And who were those kilos of cocaine going to? Muscles. Meaning Defendant Dillon? Yes. After the meeting at Chili’s, did you meet again that same

day with Simms? A Q A Q A Q A Q A Q A Q A Yes, we did. Where did you meet? At his house right around the corner. Right around the corner from what? From Chili’s, I’m sorry. Who was present at his house? D-Boy, Tito, Simms and Rob -- a guy named Rob. Was there any cocaine at Simms’ house? Yes, there was. How much cocaine was there? Thirty-five kilos of cocaine. Do you know how the cocaine got there? I delivered it to -- I delivered it there to the house on

Turmont (phonetic).
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q That’s the house where you were meeting that day? Yes, yes. Did you deliver it that day? No. When did you deliver it? A week before that.

Was anything done with the cocaine that day on March 27th

when you went there after the Chili’s Restaurant? MR. ROGERS: THE COURT: THE WITNESS: BY MR. CROWFOOT: Q A Q A When you say, “We wrapped them” -Yeah. We had to rewrap the cocaine. Objection, foundation. Overruled. Yes. We wrapped them.

Who is “we”? Me, D-Boy, Tito and Simms. THE COURT: Clarify who he means by D-Boy. Yes. I apologize, your Honor.

MR. CROWFOOT: BY MR. CROWFOOT: Q A Q A Q D-Boy was who? Demond Lee.

You said that you were wrapping the cocaine? Yes. So what condition was the cocaine in before you were

wrapping it?
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A It smelled awful. So we had to rewrap it.

rewrap so that when he left, you know, it just wouldn’t smell so bad. Q A Q When who left? D-Boy, back to St. Louis. And when you say, “D-Boy,” if we’re talking about Demond

Lee -A Q A Q Yes, we are. -- would you just say “Lee”? Oh, okay. Okay. Did -- do you know what happened to that cocaine?

Did anybody tell you? A Q A Q A Q What happened to it? Who told you that? Simms. Did you see that cocaine leave the house that day? No, I didn’t. In -- turning now your attention to June or July of 2007, It got delivered to St. Louis.

did anyone ever speak to you about installing a secret compartment in a truck? A Q A Simms did. What did Simms tell you about this truck? Well, he told me -MR. SWARTH: THE COURT: Objection, hearsay. Overruled.

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS:

Well, he mentioned to me that there was

a stash of kilos of cocaine and that was going to get done to the truck and that was going to fit a hundred kilos of cocaine and -- yeah. BY MR. CROWFOOT: Q Did he -- did Simms tell you how much that construction

was going to cost? A Q A Q A Q A Ten thousand. Did he ask you to pay for it? Yes. Did you? Yes. Did you pay for the whole amount? I don’t remember if I paid for the whole amount but I did

give him some money. Q A Q A Were you expecting to get paid back for that? No. Why did you put up the money? Just to -- I put it up so the stash can get done and for

security reasons. Q A Q A When you say, “for security” -Yeah. -- how would this stash benefit you? Well, for the -- you know, for the kilos to be well

stashed in the truck.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you -- did Simms tell you what truck this stash was

going to be installed in? MR. SWARTH: THE COURT: THE WITNESS: BY MR. CROWFOOT: Q A Q A Q A Q Whose truck -- or what truck did he say? Demond Lee’s truck. Did you ever actually see the stash? No, I didn’t. Did you ever actually see the truck? No, I didn’t. Do you know if the truck with the secret compartment was Objection, calls for hearsay. Overruled. Yes, he did.

ever actually used to ship cocaine to St. Louis, the cocaine that you supplied to Dillon or to other people in St. Louis? A Q A Q That actual truck, no. And do you know why not? No, I don’t. Turning your attention to July of 2007, did you agree to

supply anyone with a hundred kilos of cocaine? A Q A Q Yes, I did. Who did you agree to supply a hundred kilos of cocaine to? Muscles in St. Louis. With whom did you discuss the arrangements for that supply

of cocaine?
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q With Simms and Yvonne Vasquez. Did you ever speak with Defendant Dillon directly about

that hundred-kilo deal? A Q A Yes. Did you do that in person or by telephone? Oh, telephone. THE COURT: And when you refer to the participants,

please identify them by their last name, if you know it, and not by their monikers or AKAs, please. THE WITNESS: MR. CROWFOOT: BY MR. CROWFOOT: Q When you say you discussed it with Yvonne Vasquez, what Okay. Sure.

Thank you, your Honor.

was her role in that transaction? A Q To transport it to St. Louis through Tweety. Now, at -- had you at any point before that transaction

ever supplied as big an amount as a hundred kilos to anybody in St. Louis? A Q load? A Q Yes. Do you know why the load was not sent with -- Tweety was No. In this case you said Tweety was supposed to take the

somebody you say worked for Ms. Vasquez? A Yes.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A

Do you know why the load was not sent with Defendant Lee? Because at the time, his truck was being installed. That

was one of the reasons, yeah. Q Did the hundred kilos get delivered to St. Louis, to your

knowledge? A Q “No”? A Q A Uh-huh, correct. Why were the hundred kilos not delivered in St. Louis? They weren’t delivered because it was phony. It was a They were supposed to but it turned out to be a -Well, what -- let me just -- I’ll -- so the answer is

phony run by Yvonne Vasquez. Q When you say that, what do you mean by “It was a phony run

by Yvonne Vasquez”? A Well, she had made it look like she was delivering the

cocaine to St. Louis, a hundred kilos of cocaine with her transporter Tweety and she -- it turned out to be a big lie. Q Well, let me ask you this. At the time, did you know all

of this that you’re telling us today? A Q A Q A Q At the time -Did you know that it was a big lie? No. Were you expecting a hundred kilos to be delivered? Yes, I was. And when those hundred kilos were not delivered, what were
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you told -- well, who told you that they were not delivered? A Q A Q A Yvonne Vasquez told me. Did she give you a reason? She had made up this story. Well, what was the reason she gave you?

The story was that three black men jumped out at the truck

stop over there in St. Louis and robbed Tweety and that’s -Q A Q Did you believe that story at the time? No, I didn’t. Did you talk to any -- to Simms or to Dillon or to anybody

of those people that you were supplying this cocaine to about this lost load? A Q A Q Yes, I did. Who did you talk to? I talked to Simms and Oscar. What did you tell Simms or what did he tell you about the

lost load? A Well, we were trying to figure out what had happened. We

were on the phone -- we were talking on the phone a few times. I talked to Dillon a few times. forth what had happened. believe the story? A We were discussing back and

So did you tell them that you didn’t

What did you tell them about --

Well, I told them someone was playing games but at the

time I just wasn’t sure who it was. Q Did you at some point reach some kind of conclusion in
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your own mind as to who had stolen the cocaine or what had happened to that cocaine? A Q Yes. When did that happen -- when did you reach that

conclusion? A Q Like, sometime in, like, August or September. And did -- at any point between July and August or

September, did Simms give you any cash up front for a supply of cocaine? A Q A Q A Yes, he did. When did that occur? Right after 7-7-7. What is the significance of 7-7-7? That’s the day where this whole robbery thing was planned

by Yvonne and the kilos were supposed to be going to St. Louis. Q A Now, 7-7-7, in your mind, stands for what -- what is -July 7th of -- July of -- July 7th of ’07. The seventh

month, yeah. Q Is that the day you became aware of the fact that this

load went missing? A Q Yes. Now -- so sometime after that date, Simms gave you some That’s what you said?

cash for a supply of cocaine. A Q Yes, he did.

Do you recall how much cash he gave you?
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Sixty thousand. Did he tell you where he got that cash? Yeah. He had said half of it was Demond Lee’s and the

other half was his. Q A Q And what were you supposed to do with that cash? Get cocaine for them. How much -- do you recall how much cocaine you were

supposed to get for that cash? A Q Right around 5 kilos. Did Simms tell you what he was going to do with that

cocaine? A Q A Yeah, transport -- take it to St. Louis. Did he say anybody in particular was going to get it? Yeah, well, he was going to give it to Mr. Lee and take it

to St. Louis. Q Did you actually supply the cocaine that they gave you

money for? A Q A Q A No, I didn’t. Why not? I had stayed with the money. When you say, “I had stayed with the money” -Yeah, I stayed with the money because at the time I had

five -- when that had happened, I thought, you know, that they were, kind of, in on the robbery and, you know, I wasn’t sure if they were in or not on 7-7-7, the robbery that took place in
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 St. Louis. So I decided to just tell them, you know, that --

well, I decided to really just take that money from them. Q How much was that hundred-kilo load of cocaine worth to

purchase from your suppliers? A One point five million. MR. CROWFOOT: Exhibit 239. BY MR. CROWFOOT: Q Mr. Corral, up there on the -- where you’re sitting, there If you would -- it’s a black Your Honor, I’m going to publish

is a binder of transcripts. binder.

Perhaps Mr. Cruz might be able to show you which one

it is because there’s several binders up there. A Yeah, there’s three over here. THE COURT: On the note that I have from one of the

jurors is the -- first is, can you provide a picture of Daniel Corral. Just so we have clarification, Mr. Corral is in the

witness chair and if the Government has a picture, then we can provide that later. MR. CROWFOOT: THE COURT: Mr. Corral. Okay. A picture of Mr. Corral, your Honor?

There’s a request for a picture of

So the Government may have that picture but

I just want to make sure everyone understands Mr. Corral is the person testifying in the witness chair. is, what does “pretext” mean. And the other question

“Pretext” means the stated Go ahead.

reason is different than the actual reason.

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CROWFOOT: BY MR. CROWFOOT: Q A Q Mr. Corral, do you have Exhibit 239-A in front of you? Yes. Would you look at the very first page of that exhibit Are you Thank you, your Honor.

before it has all the lines with the talking on it? looking at that? A Q Um. The very, very first page.

It looks like -- the one that

looks like that? A Q Yes, yes. Okay. Could you just tell us by looking at that page what

is the date of this particular telephone call? A Q A Q A Q A Q 8/6/07. And who is involved in this call? Me and Simms. Now, you have listened to that call before, have you not? Yes, I have. And you’ve read the transcript before this morning? Yes. Okay. And you’re aware of the fact that the transcript

that you have in front of you, and the jury has, has been redacted for legal reasons, things have been blacked out for legal reasons? A Sure.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. MR. CROWFOOT: I’m now publishing Exhibit 239.

(Government’s Exhibit Number 239 audio was played from 11:01 a.m. to 11:17 a.m.) BY MR. CROWFOOT: Q Mr. Corral, in this call -- I’m now looking at the page

that says -- it’s got a little “Page 2” at the bottom of it just so that we can keep track of the questions. Simms, “I’ve been suffering, man.” A You tell

What did you mean by that?

I meant that I’ve been very confused ‘cause of what had

happened and -Q A I’m sorry. Go ahead.

No, and I just wasn’t able to figure out what had

happened. Q to? A Q A Q Well, the delivery of the cocaine was all phony. The lost load of cocaine. Yeah, the lost load of the cocaine, yeah. When you told him that the cats -- “These cats are on me,” And what was it that had happened that you were referring

what did you mean by that? A Q A Q The suppliers were pressuring me. Were the suppliers, in fact, pressuring you? Yes, they were. Who was pressuring you?
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q The suppliers, Yvonne’s suppliers.

At the time -- on Page 3, if you look down, sort of, half

way down the page, you say, “But you didn’t do that, Brother?” And it’s a question. talking to Simms. You asked him as a question. You’re

Did you at the time believe that Simms might

have been involved in that lost load? A Q Yes. On Page 4, Simms -- in the conversation, Simms says to What did you

you, “Muscles, swear to god, he didn’t, man.” understand him to be telling you there? A Q That Muscles wouldn’t have done that.

That -- and who did you think he was referring to when he

said, “Muscles didn’t do that”? A Q Oscar Dillon. Just a little bit -- a few moments later in that same

conversation on the transcript on the same page, you go -- he says, “Then on top of that, you know, they done started that other shit back.” What was -- what did you understand him to

be referring to at that point? A Q A Q Some other indictments that came out. Do you know where that had happened? I believe Atlanta. I’ll refer you to the transcript on Page 6, the little 6 It says -- Simms at that point in the

on the bottom.

conversation says to you, “Dude, swear to god, he ain’t either.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

He down there talking about how bad he’s suffering ‘cause you know, he was looking -- looking forward to that.” that you knew what he was talking about. It appears

What did you -- who

did you understand him to be referring to in that? A Q this. Oscar Dillon. Now, on Page 7 of the transcript -- well, let me ask you Did you -- were you ever introduced to or meet anybody

by the name of -- that you knew by the name of Scooter? A Q A Q A Q Yes. Who was that person? Scooter is D-Boy. And D-Boy is? Demond Lee. Now, in that section of the conversation -- if you look on He He

Page 7, it’s the first one where Simms is speaking to you. said, “You know, he been out here for a week and shit, too.

be calling me everyday wanting to know if I talked to you and I’m, like, I just be telling him no ‘cause I already know you don’t want to talk to no motherfucker.” Did you understand what he meant by -- when

he was telling you that that person named Scooter or Demond Lee was looking to talk to you? MR. SWARTH: THE COURT: THE WITNESS: Objection, speculation. Overruled. Uh, yes.

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. CROWFOOT: Q A What did you understand him to be telling you?

Oh, he wanted to come talk to me about cocaine, kilos of

cocaine. Q Any particular kilos of cocaine that he wanted to talk to

you about? A Q The ones he -- that were for him. Are those -- are you referring to the ones for which you

had received money but had not delivered? A Q Yes, the 30,000 that he had put up. So by the time this conversation took place, you had

already gotten that money that you kept? A Q Yes. Looking at Page 9 of the transcript, you’re going back and And you say to

forth about, you know, my dead son, et cetera. Simms, “Dude came back beat up, man.” just touched him up a little bit.” and what did you mean? A

And then you say, “They

Who were you talking about

I was talking Tweety, the guy that supposedly had

transported it. Q A Q A Q So you saw Tweety after he came back from St. Louis? Yes, I did. Yes.

And did he appear injured to you in some way? I did see him. He had a black eye.

Further on, on that same page and just a little bit later
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in the conversation, you tell Simms, “I gave him everything I had. I owe him, like, one two right now -- a point, 1.2.”

What are you referring to there? A That I had given him money but that was just smoke I was

blowing. Q A Q A Q Well, let’s break it down. The suppliers -And --- just to calm him down. -- you’re -- so had you given the suppliers any money at You had given who money?

that point? A Q No. But you were telling Simms that you had given them some

amount of money, 1.2? A Q 1.2? A Q A Q Oh, for the kilos of cocaine. And the number 1.2, how much money were you referring to? $1.2 million. And just -- and the very next you said, you said, “You The door is shut. I need to come in Yes. What was the 1.2 a reference to? What did you mean by

know, the door is shut.

with at least seven or six so I can get that opportunity.” What did you -- what were you telling him there? mean?
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A

I was trying to get some type of money from him so that I

can give it towards the suppliers ‘cause they were pressing me. Q When you say, “The door is shut,” what door were you

referring to? A Q A Q A The cocaine business, the cocaine. Were you referring to the availability of supply? Yes. And what did you mean? That it was closed. We can’t grab any kilos of cocaine

right now ‘cause of the situation. Q And when you said, “I need to give him six or seven,” what

were you actually referring to? A Q Six hundred thousand, seven hundred thousand. Now, just shortly after that in the conversation, Simms

tells you, “The dude, he finally got that with what’s-ya-name” and you say, “What,” basically “Who that” and then he says, “You know, putting the speakers in the truck.” Did you

understand what he meant at that point by “putting the speakers in the truck”? A Q A Q Yes. What did he mean? The truck that was getting the stash done. And when he said, “You finally got done with that

yesterday, all that shit for nothing,” what did you understand that to mean?
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That he had finished up installing of the stash in the

truck. Q A Q And what did he mean by “all that shit for nothing”? I don’t know. You asked him, “Where’s Scooter at?” Who were you

referring to in that reference? A Q Demond Lee. Then Simms replies to you, “He in the house, sick as hell

worried about, you know, what his man going to do, sick as hell. He don’t know what’s, man.” Did you understand what

Simms meant when he said that to you? A Q No. A good deal later in the conversation on Page 15 of the

transcript -- the part that’s on Page 15 of the transcript, you tell Simms, “Man, tell Muscles to help me out.” A Q A Q A Q A Q A Correct. What did you mean when you said that? To give me some cash. Who should give you some cash? For Muscles to give me some cash. “Muscles” meaning whom? Oscar -- I’m sorry. Oscar who? Oscar Dillon. So he can -- so I can give it to my

suppliers.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Why should Oscar Dillon have given you any cash? ‘Cause he’s the money man. He’s the money man in what context? He’s the money man in St. Louis. MR. ROGERS: Objection, move to strike.

There’s been

no foundation established so the witness can make that statement. THE COURT: BY MR. CROWFOOT: Q Later on in that -- well, right after that, Simms says -The motion is denied.

you have a discussion about -- he tells you about calling him on a phone. Did you ever actually -- after this conversation

actually talk to Oscar Dillon about this situation? A Q Yes. Did Dillon ever agree to give you any money to resolve

this issue? A Q A Q A Q A No. Do you know a person by the name of Roy Burris? Yes, I do. Who is he? How do you know him?

I know him through Simms. Do you see him here in this courtroom? Yes. He’s sitting right over here in the front, white

shirt on. THE COURT: Indicating Mr. Burris.

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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CROWFOOT: BY MR. CROWFOOT: Q A Q A Q How did you meet Defendant Burris? I met him through Simms. How often did you see Defendant Burris? A total of five, six, seven times maybe. Thank you, your Honor.

Do you recall ever talking to Burris either in person or

on the telephone about any specific cocaine transaction? A once. Q And when you say you talked about the whole 7-7-7 thing I think we had -- we talked about the whole 7-7-7 thing

once -A Q Yes. -- why don’t you spell that out a little bit more in plain What did you talk about with him about the 7-7-7

English? thing? A

I just remember him saying that the problem will get Don’t worry about it.

fixed. Q A Q A Q

Do you remember when you had that conversation? August, September maybe. Of what year? ’07. Do you recall having a meeting in person with both Simms I’m not sure.

and Burris in August of 2007? A Yes, I do.
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q Where was that meeting? Century City at McDonald’s on -Do you recall when in August -- I’m sorry. I shouldn’t

have -- Century City -- could you repeat your answer? A Q Century City at McDonald’s on Pico Boulevard. And I asked you whether it was in August. Was it, in

fact, in August? A Q It could have been July. I’m not sure.

Had anything else occurred right around that time that you

recall caused this meeting to happen? A The Atlanta indictments came out. Mr. Simms was -- he was

concerned. Q A Q A Q A Q A Q A Q And so did he invite you to come to this meeting? Simms did, yeah. And who was present at the meeting? R.B. was. Who is R.B.? Roy Burris, yes. And I should have asked you. Yeah. Well -- Roy Burris. Yes. And what did Simms talk to you about that -- about at that You knew him as R.B.?

meeting? A Well, he had just told me if anything happens to him
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because he was concerned about the indictment that came out in Atlanta -- if anything happens to him, talk to R.B. the whole business. Q Now, did you contact Simms after July -- after the 7-7 He knows

lost load -- after July 2007 to put together any cocaine transactions other than the 30,000 -- or the one where you kept the money? A Q Uh -Any -- did you -- after that transaction where you kept

the money, did you engage in any other discussions about any transactions? A Q A Yes, we did in -- towards the end, like, October time. And what was that discussion about? It was a 30-kilo discussion that we wanted to put together

and it was going to St. Louis. Q Now, what had changed to -- you had told him before that What had changed between your conversation What caused

the door was shut.

in early August and this conversation in October? the door to open? A

Well, at that point I had already started putting things

together and I realized that it wasn’t the people from St. Louis that stole that. Q A Q When you said, “I had started putting things together,” -Yeah. -- what do you mean in plain English?
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Corral - Direct by Mr. Crowfoot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, Yvonne Vasquez had -- she started telling me what

had happened and she told me that it wasn’t the people in St. Louis, that she, kind of, planned it and stuff like that. She started telling me. Q And did you speak with anybody other than Simms in October

about putting together another cocaine transaction? A Q A Q A Oscar Dillon. Did you speak to him in person? On the phone. Did you discuss a transaction in any kind of detail? We would just talk about 30 cents here and there, the “30

cents” meaning kilos of cocaine. Q A Q A Q A Q A Q And so that would have been how many kilos of cocaine? Thirty -- 30 kilos, yeah. Did you discuss a price with him for those kilos? No. Why not? ‘Cause I’m sure he knew the price. How would he know the price? He’s a good customer from St. Louis. Did that further transaction with Simms or Dillon ever

occur? A Q A No. Why not? ‘Cause the indictments came out.
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the jury. BY MR. ROGERS: Q Mr. Corral, my name is John Rogers. Q A The indictments in which case? In this case. MR. CROWFOOT: THE COURT: MR. ROGERS: THE COURT: MR. ROGERS: No further questions, your Honor.

Mr. Rogers? Thank you, your Honor. And, recall, we will end at noon today. Thank you, your Honor. CROSS EXAMINATION

I’m an attorney and I I’m curious, sir.

represent a gentleman named Oscar Dillon.

Would you tell me the number of times you rehearsed your direct testimony with a prosecutor from the United States Attorney’s Office? MR. CROWFOOT: THE COURT: Objection, argumentative.

It’s sustained and let me just instruct

Any insinuations suggested by Counsel in this

question is not evidence. BY MR. ROGERS: Q Sir -THE COURT: admonished. MR. ROGERS: THE COURT: MR. ROGERS: Thank you, your Honor. Mr. Rogers, you’re on notice. Yes, sir. This is the second time Counsel’s

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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. ROGERS: Q A Can you -Hold on. Can I close this? Can I close this up? Yes?

THE COURT: BY MR. ROGERS: Q

Yeah, please.

Mr. Corral, how many times did you go over your testimony This testimony that you

with a Government Prosecutor or agent?

testified here today, how many times did you go over it? A Q How many times did I go over it? Where they asked you questions and you gave them answers

like you did earlier today. A Q A Q A Q A Q A Q Three times. Within the last week, sir? Uh, yes. And, sir -The last two weeks. Within the last two weeks? Yes. And was that with Mr. Crowfoot? Yes. And, sir, your vocabulary -- you stated a couple things in I’ve got a couple questions. When Within the last week?

your direct examination.

you say in direct that you stayed with the money, what you really mean is you stole the money, correct? A Yes.
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q

And, sir, when you say -- when you stated on direct that

you were blowing smoke, what you meant was you were lying, right? A Q Correct. That’s correct. And, sir, people that lie are called liars,

All right.

aren’t they? A Q A Q That’s correct. And you were lying yourself on that phone call, correct? Yes. When you say you were blowing smoke, what you meant to say

is, “I was lying,” right? A Q Yes. All right. And, sir, the way that you spoke on this phone

call, that was you on Government’s Exhibit -- well, that was you on the phone call, right, Government’s 239? A Q Yes, it was. Yes, it was.

And, sir, you speak in a vocabulary that is -- I would Is that -- would you agree?

describe as a street vocabulary. A Q Sure. All right.

And so as you speak to these ladies and

gentlemen of the jury during your direct testimony, you were speaking in a more proper way. A Q Correct. All right. And were you given any instruction by anyone Would you agree?

that your vocabulary in court should be professional or in any
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 certain way? A Q Not at all. Okay. No one instructed me.

And, sir, the way that drug dealers speak on the

streets, I mean, it is consistent with Government’s Exhibit that you heard, 239. A Correct. MR. CROWFOOT: THE COURT: BY MR. ROGERS: Q Well, sir, you’re certainly a drug dealer. Would you Objection, foundation. You speak in slang, right?

Overruled.

acknowledge that? A Q Absolutely. All right. And the way you communicated with other

individuals that were involved in dealing drugs, you spoke to them in a way consistent with the way you spoke on Call 239, right? A Q A Q A Q Two thirty-nine, what is that? I’m sorry. What is 239? On that telephone recording that you heard. Oh, yes. All right. When involved in the drug game, it’s

commonplace to lie to other people that you’re dealing with, isn’t it? A Oh, yeah.
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q

The better -- when it serves your purpose -- strike that.

When it serves your purpose to lie to other drug dealers, that’s done commonly, isn’t it? A Q In that business, there’s a lot of smoke going around. And another word for “smoke” is there’s a lot of Fair enough? What does “deception” mean?

deception. A Q A Q

I don’t know what that means. Lie.

There’s a lot of lying going on.

Smoke, yes. Well, sir, do you understand that blowing smoke and lying

is the same thing? A Q Yes. Okay. And so when you were dealing, one of the people

that you testified you dealt with was Mr. Ralph Simms, right? A Q Correct. And in the phone call that we just listened to, the two of You guys are

you are loving you, man, and loving each other. talking about this back and forth, weren’t you? A Q Sure. Okay.

And so it’d be fair to say you had a business

relationship with him, right? A Q Yes. But the affection that you shared with him was one of

friendship as well, right? A Yes.
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay.

And, sir, I am not asking you to guess during this If -- would you agree with me,

portion of the questioning.

sir, that if you don’t know the answer to one of my questions that you will tell me you don’t know? A Q Yes. All right. And you said that an individual named

Ms. Vasquez was involved in deceiving you regarding this lost 100-kilo load that was intended for St. Louis; is that correct, sir? A Q she? A Q Correct. All right. So when we speak of Ms. Vasquez, we’re Correct. That woman is legally married to you at this moment, isn’t

speaking of your wife? A Q A Q Yes. The person you share the same bed with, right? At times. During 2007 -- 7-7-7 as you referred to it, sir, were you

living in the same household as Ms. Vasquez at that time? A Q A Q Yes. Okay. No. All right. When you had this conversation with Mr. Simms, We were staying in an apartment. And, sir, did you have children together?

the one that was played -- Exhibit 239, that took place on
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 August 6th, 2007; is that correct, sir? A Q Yes.

And so between 7/7/07 and August 6th, ’07, approximately a

month in time had gone by, right? A Q Sounds right. And during this conversation, you’re trying to figure out

whether Mr. Simms was involved in taking the cocaine, more or less, correct? A Q Yes. So during that time period, you were living with someone

who you now know was deceiving for that period of time, correct? A I was not living with her past 7 -- she left right after

7-7-7 -Q A Q Okay. -- ‘cause she know -- she knew what she had done. Did you have any contact with her between 7/7/7 and 8/6/7,

the date of this phone call? A Q No, I didn’t. But it would be fair to say that you hadn’t figured out

for sure that Ms. Vasquez had anything to do with the nondrug transaction, the non-delivery of the cocaine on 7/7/7 because you were questioning Mr. Simms about it on 8/6/07, correct? A Q Correct. I was confused.

You didn’t know what to believe, right?
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Correct.

And during this conversation, you lied to Mr. Simms when That was

you told him that you gave him everything I had, 1.2. a lie, right? A Q A Q Yes. You didn’t give anybody any money, did you? Right.

Sir, you had an opportunity -- you’ve been coming to court

in this matter with other people charged in this alleged conspiracy for a good part of the year 2008, correct? A Q Correct. And so you’ve seen me in court before, sir? Do you

recall? A Q Yes, I have. And you’ve seen other gentlemen seated at this table in

court prior -A Q A Q Yes, I --- to your testimony today, sir, correct? Yes. All right. And you’ve had an opportunity to review your

discovery with your attorney, correct? A Q A Q Yes. And your attorney’s name, sir? Gregory Nicolaysen. Okay. And you’ve worked with Mr. Nicolaysen and you’ve
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 gone over many of these phone calls, correct, sir? A Q A Q Yes. You’ve listened to them? Yes. All right. With other members of his firm as well,

correct? A Q Just him. Okay. And, sir, you’ve had an opportunity to review some

of the reports and some of the calls, too, on transcripts, correct? A Q Yes. All right. Sir, you stated that you had a number of

telephones; is that correct? A Q Yes. As a matter of fact, you are aware that the Government

intercepted two phones in particular that they believed you were using, correct? A Q Yes. Telephone Number 818-862-8149, do you remember that

number, sir? A Q 4796? A Q Yes. Sir, do you also remember using and utilizing 818-862Does that sound familiar? Possibility. Okay. The point is you took great care in changing phones
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 every couple of weeks according to your testimony in direct, correct? A Q Correct.

Even though you took this great care, fair enough to say

that the Government got on two of your phones, right? A Q Yes. Certainly you’re aware that they got on Mr. Simms phone

because we just heard a conversation between you and Mr. Simms, right? A Q Was I aware is your question? I’m sorry, sir. Let me rephrase it. You are now aware

that the Government was on this particular telephone for Mr. Simms where you were talking to him about this missing load? A Q Yes. All right. And so you’re aware that they were on your

phones, too, right? A Q A Q No. I wasn’t aware. You’re aware now? I’m sorry.

Okay. Yes.

And you’re aware now that they’re on Mr. Simms’ phones,

correct? A Q Yes. And you’ve seen the applications and they were on a number You’re aware of that as you testify here today,
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 right? A Q Correct.

But at this point in time during any of your meetings with

the Government, the Government has not played a single phone call where you identified Mr. Dillon as a person involved in that telephone conversation, correct? A Q Correct. So when you contend that you spoke to Mr. Dillon on the

phone, there’s nothing to back that up but your word, is there, that you’ve with the Government? A Q Correct. Your dealings with Mr. Simms in particular, you stated

that he’s lied to you on a number of occasions while you were talking to him, correct, sir? A Q Correct. As a matter of fact, during one of your business --

illegal business dealings with Mr. Simms, you kept $30,000 that he intended for the future purchase of cocaine to pay off a previously owed debt, correct? A Q Yes, sir. So you took -- that was -- you have to concede that was

deception, right? A Q Yes. When you received that money, you told Mr. Simms that you

were going to help purchase more cocaine but you kept that
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rephrase. MR. ROGERS: THE COURT: MR. ROGERS: BY MR. ROGERS: Q Mr. Corral, you’re -- one of the things that people who Thank you. Sustained. Thank you. money -A Q A Q Yes. -- and that wasn’t the deal at the time, correct? Correct. Okay.

One of the things that a drug dealer like yourself

is concerned about or was concerned about before the indictments in this case came down was that somebody would snitch on you, right? A Q Sure. Before you were indicted and/or self-surrendered, you were

-- you understand how the snitch game works, right? MR. CROWFOOT: THE COURT: Objection, foundation. You can

It’s vague and ambiguous.

are dealing drugs don’t want to happen is they don’t want to get caught, right? A Q Absolutely. And you understand that the Government utilizes people

that tell on other people in the presentation of prosecution, that they use snitches in their cases against people they
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 charge. A Q Fair enough?

Yeah. And so when you were on the street before you were

indicted, you were concerned that somebody would snitch on you, right? A Q A Q Sure. Mr. Simms and other people, correct? Yes. And you’ve had an opportunity to review the discovery in

this particular case as it pertains to you, correct, sir? A Q Yes. And you’re aware that people said things about you that

weren’t true, right? A Q True. They said your mother was involved in this conspiracy.

You’ve reviewed that, correct? A Q Correct. All right. And as far as you know, your mother’s never

been charged, has she? A Q No. Okay. And your mother’s not involved in working with you

in your drug conspiracy, correct? A Q She’s far from it. Okay. And certainly the Government, in exchange for your Fair

cooperation, didn’t promise not to prosecute your mother.
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 enough?

That’s not part any conversation that you had with any

member of the Government? A Q Correct? All right. When your home was searched, you resided at

6416 West 83rd Street in Los Angeles for a period of time in the year 2007, correct, sir? A Q Yes, sir. And you relayed, before your home was searched, to

Mr. Simms that you believed indictments may be coming down soon? A Q Yes. That was on a telephone conversation between you and

Mr. Simms, correct, sir? A Q It sounds right. Okay. Sometimes before the indictments actually came

down, you got word that they might be coming down, correct? A Q I had heard it somewhere, yes. Sir, when your home was searched on November the 6th,

2007, you weren’t home, were you? A Q Correct. You’re aware though, sir, 17 cell phones were recovered

from that residence? A Q Yes. All right. And the Government’s in possession of those

cell phones as far as you know, correct, sir?
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Uh-huh, yes. And you can’t point to any one of those cell phones to

support your story that you used one of them to speak to Mr. Dillon? MR. CROWFOOT: THE COURT: BY MR. ROGERS: Q A Q A Q To support your contention that you spoke to Mr. Dillon? The cell phone I talked to him on was on me 24/7. Where’s that cell phone today, sir? I threw it away. So there is nothing to support your contention that you Objection, argumentative.

Sustained.

spoke to Mr. Dillon on a cell phone other than your word? MR. CROWFOOT: THE COURT: THE WITNESS: BY MR. ROGERS: Q Yes, sir. There is no cell phone record that you reviewed Objection, foundation.

Overruled. Can you repeat that, please?

to support that you talked to Mr. Dillon, correct? A Q Correct. There is -- you did not produce any cell phone and hand it

over to the Government to show them this is the phone that I spoke to Mr. Dillon with, right? A Q Correct. What we’re left with is your word?
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Correct. Sir, you contend that you had -- strike that. You

understand, sir, that it’s -- that the Court has requested that you in court identify individuals by name. instruct you to do that earlier, correct? A Q Yes, I did. But you -- prior to the prosecution of this case, you You heard the judge

never used the word “Dillon” when referring to the person Muscles ever, had you? A Q Correct. And what you did in this particular case is after the

indictments came down and you began coming to court, you tried to put pieces of the puzzle together, right? A Q A Pieces -Match names with nicknames and things? Well, you get the indictment, you look at it and you know I’m -- yeah.

who “who” is. Q A Q

But you hadn’t -I’m -You could no more on November 7th, 2007 linked Muscles to You couldn’t have done that on that day,

any particular name. right, sir? A Q Correct.

But as time progressed and you reviewed discovery, you

became familiar with the people in the discovery, correct?
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Yes. All right. And the indictment assisted you in putting

that -- names with nicknames as well, correct? A Q Yes. All right. You became aware that the Government executed

a search warrant of 6416 West 83rd Street close in time to the actual execution of that warrant, correct? A Q Yes. All right. But you were not arrested on November the 6th,

2007, were you? A Q A Q Correct. You went on the run, right? Yes. And your lawyer and yourself turned you in knowing that

there was a fugitive warrant for your arrest in 2008, correct? A Q Yes. So there is a period of time where you didn’t volunteer to You

turn yourself in from November to January of ’08, right? remained on the run during that time period, right? A Yes.

I was trying to find the proper lawyer to walk me

through it. Q All right. And you did self-surrender in January of the

year 2008, correct? A Q Yes. All right. And you’re aware, sir, that a number -- that

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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

the Government in this particular case moved to have a number of people charged in this case detained without a bond, right? MR. CROWFOOT: THE COURT: BY MR. ROGERS: Q You’re aware that a lot of guys charged in this indictment Objection, foundation. If he knows, he can answer.

Overruled.

were detained -- they were locked up, right? A Q Yeah, yeah. Oh, yeah.

And they were not given an opportunity to make bond,

right? A Q I’m not aware of that. Okay. I don’t know.

In your case though, are you aware of whether or

not the Government moved to detain you with -- for -- to not allow you to have a bond? A Q No, I don’t -And the reason it wasn’t filed is because when you went Was that motion filed?

in, you agreed to start cooperating with them, right? A Q Correct. It’s a deal you and your lawyer were involved with making

with the Government, correct? A Q Yes. And so on the very day that you turned yourself in, you

began to speak to Government agents including Ms. Wang from the United States Attorney’s Office? A Correct.
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q That date was -- I’m sorry -- February 26th, 2008,

correct? A Q Sounds right. Sir, what’s been previously marked as Defendant’s Exhibit

306, might it help refresh your recollection as to the date of your first meeting with Ms. Wang and the Government if you refer to notes of that meeting? A Q Can you rephrase that, please? No problem. Would it help you out if you were able to

look to notes of that meeting to see the date that the meeting took place? A Q It was the day when I surrendered. And I had previously stated that it was January but it was

February 28th, 2008? A Q Yeah. Okay. Sir, I’m not looking for you to guess and I don’t When you agreed with me that you turned

mean to confuse you.

yourself in in January of 2008, you remember agreeing that you did it in that month? This is a time question. Do you

remember agreeing that you turned yourself in in January? A Q Yes, I did. Yes.

But, sir, I believe now that it was actually February that Can you tell me as you sit here today

you turned yourself in.

using your memory whether you turned yourself in in January of ’08 or February of ’08?
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q February. Okay. Late February. All right. February 26, 2008, perhaps.

Sounds right. All right. Whenever it was, whatever date it was that you

turned yourself in, that same day you sat down and met with Government agents. A Q Yes. All right. And your lawyer, before even turning you in, We’re clear about that, right?

told you how important it was to tell the Government the truth, right? A Q Yes. And Ms. Wang and Government -- and Agent Smith were there

when you first sat down with them and they said, “Mr. Corral, don’t lie to us.” A Q Yes. And they said, “If you lie to us, we might not be able to Didn’t they?

use you as a witness in our prosecution in the future and all bets are off,” right? message, true? A Q Yes. And what you did when you went into that meeting is you That was generally conveyed to you, that

lied to them, didn’t you? A Yes.
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Told them that Simms was small-time marijuana dealer,

right? A Q Something like that. Didn’t tell them the same information that you relayed

here today about dealing with Mr. Simms in significant amount of kilo cocaine drug transactions. A No. You didn’t tell them that?

That meeting -- I remember when that meeting took

place. Q A

I’ve --

A meeting was -- I’m sorry. I’ve never experienced nothing like. I didn’t know what

was going on -Q A Q And so --- and I didn’t know what to expect. Okay. And so in your words today, that gives you Not knowing what to expect made it okay for Is that what you’re saying?

permission to lie? you to lie to them. A Not no --

MR. CROWFOOT: THE COURT: THE WITNESS: BY MR. ROGERS: Q

Objection, argumentative. He can respond.

Overruled.

Can you rephrase that again?

Your not knowing what to expect gave you an excuse to lie

to the United States Attorney’s Office during that February 26th proffer. A Is that what you’re saying?

It gave me what?
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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Are you trying to imply with your answer to my question

that because you didn’t know what to expect -A Q A Q A Right. -- during that proffer meeting -Right. -- that it was okay for you to lie? It’s not okay to lie but I just -- I was confused, never

experienced nothing like that. Q A Q A Q Well, are you -I didn’t know what to expect. Have you ever experienced testifying in court before, sir? No, I haven’t. Okay. So you don’t know what to expect here today,

correct, sir? A Q Absolutely. July 7th, 2007 is this 100-kilo non-transaction that we’ve

been speaking of, correct? A Q Correct. And I call it a non-transaction. You understand as you There was never

sit here today there was never any drugs.

100,000 kilos that ever left the state of California intended for St. Louis on or about July 7th, ’07? THE COURT: THE WITNESS: One hundred kilos. One hundred.

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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ROGERS: BY MR. ROGERS: Q A Q One hundred kilos. Correct. All right. I’m sorry. Thank you, your Honor.

And during your direct examination, you stated

that you had Mr. Dillon’s telephone number and you spoke to him on it occasionally, right? A Q Yes. You didn’t have his telephone -- you didn’t have Muscles’

telephone number on July 7th, 2007, did you? A Q We had a number that we communicated on. Well, certainly in August of 2007 when you’re on the What was the number?

recorded phone call -- well, strike that. A Q Which number?

The number that you say that you had of the guy named

Muscles from St. Louis in July of 2007? A Q A Q A Q I can’t remember it completely but it was a 636. Well, that’s half of St. Louis, sir. Oh, okay. You understand that? That’s the only thing I can give you. Six three six is the prefix -- is the area code for half Are you aware of that?

of St. Louis’ telephone numbers. MR. CROWFOOT: THE COURT:

Counsel is testifying.

It’s a question and you can answer.

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Corral - Cross by Mr. Rogers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 matters. BY MR. ROGERS: Q A Q You’re aware of that, sir? Yes. Okay. THE COURT: Okay. We’ll stop. We’re going to -So

Monday I have another calendar to handle in the morning. we’ll start at 9:30. holiday. Have a good weekend, Thanksgiving

Please do not discuss the case amongst yourselves or Again, Monday at 9:30.

with any other person.

(Jurors exited the courtroom at 12:01 p.m.) THE COURT: Let’s see. Just a few housekeeping Counsel remains. Please

The jury’s been excused. When does --

have a seat.

MR. SPEAKER: THE COURT:

Does the witness remain, your Honor? Yeah, the witness is excused. You can --

witnesses can leave also. they will conclude? MS. WANG: THE COURT:

When does the Government believe

December 4th still the target date? Yes, your Honor. Okay. And then Defense, when do you December 12th is still the target

believe you will conclude? date? Yes? MR. ROGERS: guess, your Honor.

We’ll conclude before that, I would

I’m conferring with Co-counsel. I think that’s -I have another trial to start

MR. KALOYANIDES: THE COURT: Okay.

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after this one here but I just want to make -- to get a determination as to when we will conclude in this case. The

Government still has another second portion of a count to proceed with. MS. WANG: THE COURT: MS. O’NEILL: two hours. We do but it’s very short, your Honor. And how long will that take? Your Honor, I’d estimate approximately

I’d also like to alert the Court that for that

second part, we would be proving some of the elements of possession in the bifurcated count. here in this trial. THE COURT: MR. COOPER: matter. Okay. Okay. We haven’t proven them all

And, your Honor, there is one scheduling I will know more about the

It’s about Mr. Beard.

Defense case if the Government can tell me if they are going to call Steven Peoples, aka Rambo, because that will shorten my defense if they don’t call him. THE COURT: case? MR. COOPER: THE COURT: MS. WANG: Yes. Have you -Well, we’re not going to call Peoples in Okay. You mean in this portion of the

our case-in-chief, your Honor. THE COURT: MR. COOPER: That answers your question. Okay.

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THE COURT: MR. COOPER: MR. SPEAKER:

Thank you. Thank you.

Have a good holiday.

Thank you, your Honor.

(This proceeding was adjourned at 12:03 p.m.)

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CERTIFICATION

I certify that the foregoing is a correct transcript from the electronic sound recording of the proceedings in the aboveentitled matter.

November 28, 2008

_

TONI HUDSON, TRANSCRIBER

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