COURE GF APPEAL OF ME STATE OF CALTFORITA SECOND APPELLATE EISTRICT ‘THE PEOPLE OF THE STATE Ge CALIFORNTA, FIAINTIEP-RESFOHDENT, wo, xA021135 ' } vs. } superior cour d 1 COLIN NEAL ANDTEON, 1 ) DEF2NDAIT-APPELLANT. iP it s APPEAL FROM THE SUPERIOR COURT OF UGS ANGELES COUNTY ONORASLY ROBERT Ay DURES, JUDGE PRESIDING ARDORTERS' TRANSCRIP? ON APPEAL APPERRAUCES + YOR PLAINTIFT“RESPONDENT: — ERMITER D., TUNGREN SUATE ROTOANEY CONDRAT, Jeo courm spRimg sTueer ORTH ToWsR, SUITE 5001 EOS ANGELES, CALIFORNIA $0023, FOR THE DEFENDAR?: {TH PROPRIA PERSONA REEORTSD BY: x RAIDRINE THERSOLL, CSR NO. 2003, fos aucnnee eupenion couRe Pousna, ease Dieter $00 crvre chs ELAZA, DEPARTAENE POMONA, CALIFORNIA 91766 PHONE AND TAR NO: (908) 520-300 vacts _/569 monouer /6 42 vou 42 or 43.” vousSUPRRIOR COURT OY OHE STATE OF CALIFORNIA FOR THE COUNTY OF X08 ANGELES PARTMENT BAST 7 MONORARLE ROBERE A. DURES, 2vOsE THR PEOPLE OF THE SEMIE OF CALAFORNEA. PLALNTLES Supectee court, wot ise yet PY Ne LM REPORTER! 9 TRANSCRIPT OF DArLY PROCEEDINGS TPUCEDAY, MAY 18, 1992 ‘wou 1a Rages Ise orengn 1688, inciusive : ; ; ; | COLIN NEAL ANDINOH, 4 ; 3 tras [APPEARAWOES* Por tha REOPLE: GIL GARCEYTI, DISTRICT ATTORNEY OY: OWS. LEANNA ANCKER, Deputy 500 civic cenren Ponca, Roow 201 PQNGIIA, CALEsoRNIA 91755, (B09) @0-33s0 For DEPENDANT: worse F LeELEEEELO PUBLTC DEFENDER Ex; HR. ALA® ADAJTAN, DERUTY 455 yest Arsgron ganenz, SUITS 20L EQMOHA, CALIFORNIA 01744 (S08) 620-3307 RAYORTED BY: L. KAIFERINS INGERGCHA OS® ND. 2433 <<a0 u rr 1B u Fey a5 a 3 20 22 2 24 2 26 ” 8 VOLUME 10 TUESDAY, MAY 18, 1992 PECPLE ¥, COLIN N. ANNTTOM 9135 A.M. SESSION. seers 1368 10 0 Pm. SS5S10N sees HOD EMUTBEY INDEX FOR VOLUME 10 (Rec'd in Bva, Gets Ex. 34) 35 end ebeeeeeeereees 18987 WETNESS INDEX FOR VOLUNE 10 COLLEY NEAL ANDETON. «24544 tee 1 ORCEO-EMAMINATION (RecamOd) ; BERG. ARCREAL 0 REDIRECT EXAMDRSTON, BY MRS ABRTZAN: w RESUIAL 10 Race pomreao, saceasiuetetoneneseeerssee a BIRECE EeAnetio, BY'HS. ANCRER: ie EROSG-EXAMINATION, ‘DY Yt- ADAIIAN: 1 REDIRECD EAAMIYATLON, y'xS. ARCHER: a0 KARL NEWIAN oe seen cece cess cecseeeeees 1693 20 Digscr xAsdnaren, “wr oS.” ACKER ea 40 CROsS-ERAMINATION, BY MR. ABNITAN: Tels 20 REDIRECT SHANZNATION, BY MG, “ARCEER: ies 19 RECRGSE-exananArron, BY THE WR ABAITAM: Lely 10 RAARY WORE, ceeeesvteeeueee aeia aw DIRECT GLAWITATION, ay NE AACKR: isla 10 CROSS-EXAMINATION, WT SIR. ABAIIAR: casa 1a DEMTER COME, «» sees a seve L637 19 BIRGST SSMVIMAEION, BY US, ARCHER? isa7 io JNINE LOPES~CIANA. «= ceveceves 1603 10 BrRDeT SEMTHATIOR, ised 13 b. Katharine lagareoll, CSR No. 2082u 2 a a3 1 w as aa a a 2 28 38 ar 28 1369 POWONA, CALLEORNTA uEsoAY, WY 12, 1993 DEFARIMEUT EASE Rt ou, ROBERT A. DUKES, ounce 9235 At. SESSION APPEARANCES: (Ae hezetofore notad.] [ue Kathorine Ingersol1, C52 NO. 2443, Ot{Lcie? Reporter) (he toxtowing proceedings were held in open court outside the presence of tha juny!) mee cout kay. Back on the record, Cefondent and poth counsel are present. Ware outside the presence of the jurors. Roady to vasune the eross-examination of ae, anditon. lia, ARAJTAN: Your Honce, before we rosume, vhe People have Indicated thet they azs geing te ba calling a rebuctal witnese by the néme of Grace Boningo wae couRr: Yes MR. ABAIIAI; T believe she should have the advice of counsel before she testifies for cintlay reasons of the ouner witnesser in thle case. Sho's = woman who works with Mes. Anditen and ay nave somzhow been involved in the sale ef the stolen Anather jackets mae couRr; Tsoo, Is Ehat tn your kacwLedue? MS. AKCKEA: To my Knawledge, she was semevnae involved auceuse che worked with Mes. Burgess very closely. Hovever, she had ne Knowledge St the tine thay were stolen sa Z don't think she's gullty of any crime, 3¢ she wants co Katharine Ingersail, CSR wo, 244329 n 2 u as 16 n 1 a Fy aL 22 2 aa 25 26 ee ea confer vith an attorney, 1 llave no sbjection to that. ‘ce cont: on thet basis, si] you grant nec soenontty? Mg. ANEKER: Give ner Lununity? T vould be happy to give her impunity, he COURT: For any etatensats mace by Ker fer the sole of the jeckots ard the burglary in this waster? As. aNcKER: Yes. yee cours Based on those statements, she can entity ‘ooze 1s she? Ms. ANCKER: ta the hallway. THe COURT: Before you cali her, 1 will Jnfoun her ef che ndlcstion that you made regarding ner immunity Eo eae Sf she has any quastioys sbout Lt. MS. ANCKER: okey. mix count; Me. Anditen, you want CO resume the witness, stand, plaase COETE NEAL ANDITOK, the defeadont, called on behalf of himselt es a witness, hoving bean proviowsly sworn, resumad the stand end tastified Encther as tollows: THE CESK: Please be anated. State your name again foe the record and you ara reminded yoo are sti2i undey oath. THe WITNESS: Colin. Andlten C-o-2-i-n poqedri-t-orae ie COURT: Sumnos the jarors, please. Te Katherine ingensoll, CSR No. 743310 an a 13 a as " 1 » a0 a 2 a u 2 25 7 29 1871 (Tne following proceedings were hele in open, court in tho prosence of che.) THE CoURE: ALL jurors and both alternates are now present. Mz. Aedizon, you are xomindad you seo still under oeta, Xs. Ancker, you may resume your crosa-examination. CRDSS-EXAMINATION (Hesuned) ey 4G, ANCRER @ Good moraine, Ie. anditon? AL Goad mocnang, Hs. Aneker @ Mow you told us yesterday chat you had reed 9 novepspar article on Saturday morning after the aueder; ia thac eerract? AL tes. Dis you bring chat article over te Euls” house i | to show Le to Ma? | i Ab enim kasd, yo. 0. Whare is thet articie now? A. The ene thet veo in the newsceper? O tee. AL fhe pazctewiar one I showed hin? tes. Av TE don't new. 9. What did you do with Le? As 1 don't know, Tt was in che nouspapoe. L. Hatherine Ingersoll, ¢SR fo, 244720 an R B u 18 1 ” \ Py a 23 4 25 28 at 28 @. bid you cat out the axtiele and bring it to uss’ nowsoe A Re. Q. Did you being tha whole papay ovary @. What did you do after you showed 1 to Inds? A. Y Shink T just lege it dm hie house, cack 1 pack hone, I don’t knw. Tt was just the newspaper. My Atay you spoke to Michael Staadon in dune of D8D1, you agein talked to the police; isn‘t thet sight? 0. Aad you hed actuelly told Michael Standen about this crina and aleimed thet you had committed this crime beck im October or Novenbsr of 19907 is that right? A res. @ And after chat, eight, yor were interviewed by the gclies abost being s witness in thia casa; Le thet eight? A Yes, BAL bhat goInE In tine. sir, hen you were allegedly coupansting with the police, why didn’t you tell ian that you had boasted =e Wichael Standen about connitting tals erumez Ay Beceuse thee was Just JaLlhouse telk and that was kecause I didn't wont to fool intinideted in jal becouse st wes my fire time in Men‘e Jail aad it was just it wan just ay Livtle ching te get py. @ Mey Anditen you are nok Listening to the Ly Netherine Ingersoll, CSR No. 2483 a2 a a ut is 16 ” 1 ey 20 a a2 2s a 25 26 a 20 1573 question. WR. ABAJTAN: Objection, ‘That 1s not a question. THE COURT: Qvezeuled. Proparstory. Q. RY MS. ANCKER! Why didn’t you tell the police that you had told this Le to mr. Standen? A. Mecause Ln vag Junt jaidhoasa talk. 1t was nothing I need to tell the police about. 0. you were trying te cooperate with the police so that they would bolieve they wore telling the cruth; ien‘t that right? © Didn't you think ¢ vas Impoxtent te roll then that you bad clained that you had done this exime youreelt? AL Bo. 0. fou told us yesterday that you had gone te Mexien for ¢ couple of necks; is thet right? a. Yaak. @ You claim you were on @ vacation: is chat right? A tas. @ Visiting « Eriena? AL T wont With fesende. 3. Mow you said you stayed with somebody wro nad a shop dows there; 18 that cight? i Ay Te was Like a Little grocary atore thing. They Aivea above Lt. 1D. who are these trienas or your? A. Juan and carlos. Ls Katherine Ingersai1, C3K No. 24631874 1 @. Why dig you meet Juan and carlos? ~ 2 WR, ABASEAN: Objection. Relevance. 3 nee count: sustained, a 0. BY MS. ANCKER: were duan and Carles uenbezs of 3| © gana? ‘ A. Woy ehay weron’t. 7 @. wore thay friende of your tron ecaonay 5 A. Tes. Wall, thay didn’t Live ia Fenona. 3 ©. Did they Live in Noxice? x0 A. Shey lived in Mexico at times. Ret their ai| family, enen thay went to stay there, they were Crom Mexrca. 2 G. —-Aow did you come to meet these people? 2 A. They wore jest felends, 1 just met then, 1 9. Mow aid you get the money to go on vacation in sue 1s | mexteor 18 A. Gida’e need the money te ge on vacation. 7 17 | fase cook ay atothes and awfs. la 2. You want down thes® for a couple of weeks and 1s | tan“ spend any money? 20 A. They povided avaxything for ae. an @ Didn't yeu get money free smuggling cars and 22 | aaalsag arugs in axser 20 go ca Mextca? 25 AL No, T didn't. That was Just Jailhouse balk, 28 Q. — Dida’t you get caught at the Mexican border by 25| whe federalece ina etolex car? a G. Bid you get stopped by the federalees Like you ze | rola Michaet gtanden? ——__—_—_SEa 3 38 a 2a ee AL Yes, 1 aid The fateralees Look your passport? A. the U.S, lmulgrazion took my passpazt when 3 vas; coning tack through the United stares. 2. hy dict they take your nsssport? A. Because when they esk you what’s your sitisenship I onid United Gtetes citizen. ‘hey eaid: nora cid you get your accent fron? A said: zogland. ‘Thea they Just tock as. We want to sok sene we tions, They asked me vhere I was fron, ny futher’ mane, how Long I had bean in the country. ‘They Seti: We're not oo sure of your Tegal status in the countcy, so we're coins ke take your pesspest, send ix to the Loa Angelos fedorsi bullding, che inmigration L.A. hoy gave me a Little unite card, 8 lictie pass to go through the border and 1 was supposed to go to the imugration ples. @. Did you go to the dnmigration place to get your péespont? A. Ra. T anan'e. 2. Phy now? 4. Resause T just didn’t go. & —Disn't they actually take your pasepart because you were stopped tn a stolun vehicley AL Moy they didart. © Tob veze telling ue how you wes felends with AL fey Ly Rachordne tngerseis, CSF Wa, 2483a0 a 2 a a as 6 W 1 a a0 a 2 2 24 25 25 7 es are ©. isnt de Crue that wis’ uncle ectualiy got you 2 Jeb at sane point in tine? kT think sb ie ade unele. ©. BLS aunt’ uncla oF sove relative of tuLs7 ALT believe Lt La hig mow’s daughter's husband. @. Bo you fas] cone kind of daht to tuts for reiping you? A, kale didn’t help me out. There's npthing to do with Lula. Q. Bist tule’ famtly help you out? AL Yeah. amey gave ae a Job. 1 © You told bs yesterday thet you and Luis and Larry had made up a atexy hon you veallzed shat tho pelice had found the car used in the murders is that right? AL tes. @ hy didn't you tell che police when you were reoperating with the pelice that you had made up that story? AD rasa @ Didnt you tell the police, sir, thet you sald thor hecaune it was Just the fizet thing that came to your ins A. Yeon, 1 think 1 did say chat And you've told theat specifically thes ib vosn’t a story chat you had callubexsted with ex meds ep with Late, bat that it uae just the first ching that pooped into your dead; isart cnet regne? hve 2. hy waren! you honsct with the pelico? KL. Xetherias Ingersoll, C&R No. 2443oe a we chat gaint, was SEES scored, ara T #eLLT an. 1 mean these people fT ghocryviite, they Snow 7 4bd06 ve us Tuay know £ Haw whe dia G0 TEs ney covld shoot veyoeit, wey bowttye 7 evele MATEY UP ona jell. Aeyshsng cam] pappen, And = was soaded 46 TROY pene, aide’t wank 6° cay evceyehing T sas ana T AGSN’E want te hold back everyzhing 1 kasi fp. aad you Aidn’# went Eo o8rkt SPF corpanliaey yoorselE, did your 1 a Being Anvonwed £0 EhaY OFINE? n g, te being Anwolved tm any SFinRs see 2 he pagn': aoke any dtegexeneee b ge bad yew samc that 9OR MEFS invorved an thE ye | steazing of the Jackets? fe Yan, today 2 atte g. te the police? ho, 7 ease 2 nad some OF 7 gackots han TOPE ie | in vas ce fg, bia yaw admit that yew ma stolen the red go) ryundas to the police? aL ae NO 2 ge se you rezussd te adn® oF curpebibity Soe 2m gs | crane even Shougn vou wore TEYAES ‘eo cooparete wath 2hS |a0 n a u 15 Fe 1 Fry 20 aa 2 2 a 2 25 ” a8 ay, 1981. Q. Yau told Mchael etenden 2 stery ancut xiTLing ohn Kuld¥eston; dan"t that right? You onty moneicn that ence on tho audio tape; isn't chau rignte Ae Tin not too sure now many tines I mentioned Lt. Q. Why did you decide te teld Wichoel Szanden thet yoo snot at gotn Hucdiastont Re Th was my beugh-guy talk, jaLinouse pregging. 0. Zohn Huddleston? 2. Danny surtado, don't kaow. why dota Puddlestent A. f don’t knev, Just rarething that cene to wy head. Qos you nate the cur? Ae ee Qe Hefe given you cone trounla In your Life, hann't ne? A. Not realty. Ne 6G. Mow ateut file byathers, ‘They've given you scene trouble, haven't they? RT wouldn't say that. No. 0b. vou talked ebost hie Brothers belag rary: rLout? A. Yes. Yaak @.— aeing violent; righ? AL Yeoh, from what I’ve board. 1. Rathecine IngessoLl, CSR te. 20451a 13 aL a2 23 4 a za 0. You've had sone tromble with them, haven't you? BK. No. 1 haven’ b. ©. You aay chat Jessy barker connitted the tneft oF these jeckese; Le that right? BR. Ma, Jerzy Barker and Jobn Muddlestons @. You sedd thet Jeezy only gave you Four oF Five Jecketa; is that sight? A, Gon duddlestan gave me about four of ive paexete. Q. Tim sesuy. Are you mad at John for only sharing pact of tho profit with you? A Mo. Taten's ge sn. Q. 5a thecetore you are only ontitied to four oe five jeckets? A, aseseally @ Te thae ene way you 160K at itt A, des Q Ten'é what omactiy why you, who actoalay scoled the jackets, only gave Jervy darker four of tive? AL on, chats not true. @. You desexite the shovting ef John luddieston az hoppening on White aad five station. Do you renenher that? AL Yes: @. You chor at somebecy on that white avenue, diane your Re Wo, TF dldntt Qe Jest wasn't Jona Haddieston. A. Te gust wasn’t nobody. Ln Katherine (ngersoll, C58 No. 2843a0 u a Lb 6 ” 2 Fry a 2 a 24 2 26 a 28 150 0. what made you pick John Huddleston ef all pespie ke sey you shot hin? ALT don't know. 0. id Wis meme just pop ints your head? conversation about the jackets and just ohn Huddleston. Ghat‘ Just wno 1 picked. could hae been his brother, mother. Could have been anybody. T just picked hs, G. Sow never actually Claimed to have KiiJed hin dense eae ragne, mer. anareon? A. L sald T shot tim end gohnny*s gona, 0. What did you moan by that, Jotnay’s gore? ho Hats dead. 0, You never claimed to have sen ballets hit sonn's body, did you? A. f don’t think eo, I said f sror nin with a one millimeter, a .92 vile or a .22 naregun and 4 shotgun, think. Said 1 Used 211 kines of uisferent weopons to kilL him, to shoot him. Re And that ie Kind of preposterous; isn’t 1b, Me. anditon? a, Tes abl wnerue. @. Hew eng have you had tha police rupoxts and che kronauelpte in thie care? A. I think eiace 1 vas pro per: 9. which wap hor Jeng? A yer, ais months, a year L, Kethezine Ingersoll, CER No. 244u 2 a u as 6 " ry as 2 21 a aa 2 4 28 tt A. hy about -- 4 Went pro pee In about July oF Gmgust of 1992, end T got all of the paperwork about Septenbor. @. Sa you've nein preparing bo testify For ele or nine months; ig that rhabt? A. No. havan’t neon prepueing for norhing. G. You've boon resding over the trensccists: Ls thar eign? A. Tye read then, Yes, @. Several bimee A. PRatta wnat J nag to do, T was peo pee representing myRolt) 0 You represeat an avful lot of whst was said in those teanecrigtr: iea’t that right? A. nich srenseript, Standon? a. ALL of the transcripts, sic. A. T xenshber what’s tes and what's not true, ves. @. You rerenher what yoo said with a great deal of derail; isa'c that right? A. I renamber, certain things, yes. Ge Ton’& that because yeu' va been practicing, and peactleing te teatify? G. Yen todd us => you Cold us chat when you Eound out the police faund the xed Hyundai, you were vory unset: 1s that sight? AL Well, t told Locry Cabvesa chat T wae -- T vas upset efter be Leld me what he eid. Twas upeat because 1 Rethacine (ngersall, 3a Ne. 24430 n an ui aa 1 a6 n 1" a a 2a ry 25 2s 2” 28 Knew my Eingecprints were ail evar that cas 0. You ware concersad about heing implicated of the murder? is that regne? AL tes, I wel 2. Did yau think about thar on Pricey sight wnen yoo found ont the car had been round? A. NOt ab first, because I didn't know anybody had been murdered when we wont and Looked at the eas. Gi. Aftor Larey euppoaediy tel you thac ne nad killed somebody, id yon think shout the fact that your Hingerprines were dn chet cas! A. Ses, innediately. Q. Bid Lt make you nervous? Be X0a. 0. Bid de make vox wersied thas yeu wore going to be caught by tha police? A. £ thought aventutay Twas going re get cought by che police. Yean. 0. The vexy next day, sir, you went cut and etoled anothes car with Lois Greis: isn’t that right? A Yom a. woye A. aecause I var e cor thief. 2. And you vers neevous about being caught by che police pecaus= your fingecprines wera in the murder venicle ‘and you went out ani stoled enether car tess then tuenty-four hours Later; is that correct? A, Yes, 1b Se. te L. Katherine Ingerscil, CSR no. 244340 a 4 “ a as uw le 13 20 a a 2 28 2 ses 9d. dante it true, al, chet you felt you were Anvineiblo because you had gotten sway With mrder? AL Wo, Fado’ ts and £ didn" connie serdor, 0. The newspepes gaye: (veading:} Late Friday night, ten o'clock, the police st11i nad no clues. bo you venanber it seylng that? A. 1 think so. Ge Weren't you and Luie Laughing about the ract che police stiLl hadn't caught aayono? AL Ne, E wagner laughing. Q. Weren*t you feeling pretty cocky tho fact you got awey with it? A Way T vaga't 0. Tsa’e that why vou went out end stoled car on saturday? Ac Ewent to teal a car bacanse 1 ves a car thief. @. Steel a car to get out af Lowa? hwy wave 8, eren‘e you werzied about gatting caught by the pollce? A, Teas worrisd, yean. ©. weren't you enxigup te leave Lee Angeles? Ae didn't RUDD anysedy. Why should T leave 10s Angeles? ©. You cluinaa yescarday chat mast of what you anid fen the tape Was Just beagainay is chet right? 0. At ane point you told michael Standen thet a guy Li Katharine Ingezcall, CSR to, 24432 a 2 2 a aa by the nae of Jose hos @ brother uho enagged @ Forchey Lon!t that right? Q. Ard yoo told him what = alce Porche 3 wasi Lan’ thet sight? RT think T did. 2 gatd something about the porcho, year. OQ. Now Lf yeu were just brageing, sir, why didn’ you claim seeponasbility tor that car? >, Because 1c was untrue. ©. You waited to tell Aiko the truths fea's thar right? AL to, tts not. Nothin’ T told him was true. 2, You don't know someone by che nawe of Jose whe han « beathe: who stsled a Porehs? A. Noy 1 didn't steal no Boren, no. Q. Lf that 48 not even true, sir, why didn't you take credit for thet rine? A. T don't knows G. Vou alge ted Aienaai Stancon about 2 planned wobbery that you aion"t actually follow throught with; is that ign? A. can't renanber, MS. AKCKEA: May I approacn, Yeur Honor? HE couRT: Yea. WS. RICKER: For the eacord, I'm shaving Pago $3 of the videotaped tronsseigt, Just rad this middle paragraph here, sie, be yoursetr. L, Katherine tagorsall, C3K Me. 244w a a aa aa as Fd n 48 a 20 aL 22 aa 25 26 a ee 1585 ue WYTWEGS: I've read st 0, RY-MS. ANCKER! 5 you renenber saying that to A. T don't ronembor saying {¢, out it says on there, eo T said it, yee. Q. it you ware trying to act tough, six, why didn’t you claim tha: you coamitted this robbery? Ae Bueauen T never did do it. Re You wera telling mr. Standon the teuth when you oid nim that you planned the robiery; ton‘t that right? A. Excuse 0e? Q. Yeu wore tollisg Me, Stason the truth when you told pie enat you nag planned tne robbery bak It never vent through. K. Na, T never told him the treta. Q. Hover fold hin che truth abous anyehing when you were talking ta nin? A. the whole conversation wos a winturo of partial truth and a lot of ide, ad2 up stories, fantasy Sturt. ©. And we've suppases to tellave that wliat was Seve is only whet you've already beon convicted ef and evexything else is a lle; Is that eerrect? YR. AGAZIAN: Objact to that question as azguuontative, ‘OME COURT: Sustalnad. O. BY NS. ARCKER: tr. Andican, if yeu wore trying ee eoand tough te Me, gtandon and you clateed that ber. Stancan took mathanphetanine, why did you tell hin whet T. fathering Ingerseli, CSR WO. 7443w a n a 26 a re 0 a Fa a 25 a 28 te smoking a line made you sick? A. Bagauee that's hat T told nin. @ fe de pratty wninpy, Isa't 1, be say it ado you Sick when you did daugs? Ast don'G Immo that's what you vant ta call it, T @idn't feel at the fine whan I told nim that 1 was beLng wninpy 0. You told him that Because it wae the truth? Be Noy I deate. Q. The {£ you were trying te saund cougn, why die you say 1% mace you sick? A. Because it wes Just something I rate Q. You alco told te. Standon enat you nad stolen a red Nisean tyuck with Cais and Jerry Barker; 1sn’t thet riot? AL Tdon'L believe T said dt wae with Lote. ©. You bald bin about the ved nissan touok? A Yas, @. That ds true, isn’: de7 A Yes, be dee Q. Yow alae told Mr. Stendan that at sore point 1a time you wave talking about your Drover Mack and he hac picked up a Blonde hitehhiker by the aare of Fox; dsntt that, etght? A. dontt know whether she was a mitcnnsker, hooks ex peastitute. She was hitenngking with @ guy who owned the vhite Wingen, which I get steppod in Mexico in. Wis name id Tin Hanson and jest gava hin a rida up north 60 Tb. Kathuine Ingersoll, €S2 Ko. 2433ae ut 2 n a 6 u uw 1a 3 20 a 2 23 24 a " a 28 1827 ny dcother and Tim gave hin» ride. Q. That was trve when you told Me. Standen thot jente mac rigne7 Ae tag. MS. ANCKER: Sarey, Yeu Honor, I Just need one (A pausa in the proccedings.) Q. SYNE. ANCKER! Mz. Anditon, at sone point you told lr. Standen how you got arrested and how the police took Eingerpeines trom you. Do you cecal that? A. Sook Elngerpeints from where? Q- Fron you, they rolled your Fingerprints. A. Think eo. 1 can't revenber. 0. You teld He. Standen that you Were ashing the police: hy de you have te cake ay fingorerints7 And the police esked yout Well, who de you thine you are7 bo yeu recai! telling Mir, Suandon thet? AL 1 think so. 0. You told Kr. Seandon that you replied: 1m Colin Anditen Geom England. De you reeall that? A. T think 1 aay heve said that, yeah. Yes 14 that beeauce you think you are pretty special, don’t you, Mx. Anditon? AL Ne, T don't ©. You think’ you are eather chesming? AL Na, I goarte @. You chink you ean get avay with Chis? Z. Katherine Ingersoll, CSR Ne. 2442358 AL Noy 7 dante. THE COURT: Redizece FEDIRDCT ExAMINROLON By WR. ABASTAN: 0. NE. Anditen, the district: attorney ia her questions Just a monent age seoned to be suggesting to you ‘hat only one tina i the audio tape dié you meation that you shot and xi1led wr. Huddleston, no you renauber thet? A Yea. Q. ALL right. WR. ABAJIAN: May I apcresen? ©. BY HR. ADADIAN? Gn Page 11 of the audio anc in fack theough Page 12 of the audio, you discussed with He. Standon shooting Mz, Huddleston end che qvents that lead up te ley deste thas correct? AL Yes. Re And on Page 12 what he euppocedly aid to you to peovoks it? A. yes ©. And Shee you anid you shot kin; right? a. Yen, @. And chan ar ene top of Page 13 you even boasted hat you naa a newspapar clipping et your nouse about ity Ro Ter, 0. Were you talking about a newspepes clipping L. Katharine Ingersoll, CSR NO. 24431| indicating that you nad murdered gohn Huddlosten? 2 Bee. a Gall Fight. And than another veterance at 4) page 22 where Hr. Standon asked you! what ves his nane7 5 ane you say! Gerry Bazker 6 and he says: ‘That’e the guy that you Nad shou? 7 Mo, hig beother Jet. e ‘Standen says: gobn, gone. s You say: ohn is gone. 10 Hus that in reference to Killing Mr. Huddleston? u A, Yor, at vas. a Q. And then finally, when -- on Page 22 you eve 15 | teikiag about the police, homicide detectives. they are 1c | euspacting you for 2 127 hecauee homicide detectives nave 15 | uacn around the nowte asking questions; correct? a6 A tes. v @. And then you ao into then suspocting that you 18| Killed 2 guy and then you ageia deseriber the incident that 19 | you were telling Standen amout tnat supposedly occurred at 20| tivaaieston’s house wnere he Keld e gun to you and fired & ai| snows signer 2 AL ee 2 2. So again you ere making reference to the police 24| oven Looking fer you for the musder of John Hadleston; is 25) thet correce? 26 a. Yor. n Q. Sq ac Hnast in those chree places in the audi 26 | trensccipt you made vefarence to not only ehooting ‘b, Satherine Ingersoll, ¢3a Wo. 246%a0 2 4 as a v aw 1 0 aL 2 24 n 2 u 3590 John Hodieston, but that if was a morder; Tent that correct? A Yes. @. Since you've lived én South Eonona, are you quate of any poople that you know or your brother's know ~he are nembers or reletives of members of the 12th Steet gang? A. T have a feiead whose nana ie Augustine. © call Aim Augie for short. His brother 1p trom izth steven. I used to nang oat with hin, go te house perties and stuct. 0. bo you have any doubt in your mind 12th Strect wnows where you Live? Ae Fash, lg beother used to cone aver to Ms 9. Is he @ menber of 12th street? A. Crop him off. ©. Mig neotner 4s a manber of 12th strat? a. Yes, he ia, 9G. the dintrict ottoeney asked you if you had hears about Loin’ nephew Adzian being shot? A Mee. ©. You smidicated you had? . Bho aeked if you thought Ls had anything to de WEN tne oanny suvtada shooting? 18 thas correct? A. 1 agsuned St aids Okay. Yay? A. Basause Larry Cabrera used to hangout with inil®. anc whan he waed to stay Ln Fonons, that’s whese Lazry ka. Katharine Ingerscl!, CSR Wo, 264320 a 2 wowld hangout, aad that’s Chereyeiile, banging owt at Luis’ house is why I acsuaed that 12th Street knew tha people ~~ people Econ Cherryville hengoat at Lois’ novee. Lerey didn’t Jiva in Ponona back shen. 9 F lived In Glendora. A tes. Q. Aa far at you knew, wherever you sow nin tn avons, where une ne? A. AE luis’ house. Os The district attomoy cuggacted in her questions chat Lais had given you a story to give to the police blaning apparently Larry Cabrara anc Rich segura. would Wis nave any reason on earth bo want to concoct @ shery that would blane his honoboys ME. RECHER! Objection. Calls for speculation. wn. ABRECAN: ~~ for purer? TUE COURT: Sustatned. Q. BY MR, ADNIIAN: Ae far oz you know, what Kind of things can you shoot out of & shotgun, Just as tar as you AL shoteun abells. @. What Kind of shotgun shells have you ever hears on sbrwsnors end DUEkshots. Il |u au a as 46 a ” 2a a a Fy a4 as % Fa 29 1583 before that? A. Talked about @ to: of stuff to do with weapons Ln Bivarside. Re What was paid about buckshets, 1¢ anything? A. fe said that he had stolen 4 SWAT venicle and that’s what hte heather was Tattin’ on him for and he went on co say about © certain gun that yeu sheet buckshote out ef. Now wove heard saetinany in this trial, double-augat buck way aave been weed in tho shastang of banny Hurtado. here 13 @ nention of double-aught buck in the tcanseripts of your discussions with Me. standon. Hed yo haaed of double aught or double 00 buck: before? @. Who used that term? A. Miche Standon. @. one again, the distriet atcozney talked shout you geing to Hoxica unen you said you were an the ran fron the polie for a 187. gust to make Jy crystal cleac, once agaln, when you ede thet atatenent in the tage, specifically, what murder ware you referring te? A. Tahn Huddteston. @. You said thet you Nad Deen on ~~ you said you wars on pobation for twelve years? eacnect? Q. — Naw the cistriet attornoy nas prougnt cut a juvenile probation fron 1990, T believe? A. foe. Es Katherine Ingersoll, csR to. 244310 u 2 u 44 as aw a ” 3 2a aL 2 3 4 23 26 a 2a pet Q. tz thar probation still going? AL No. TE wee terminated. ©. Nhon did You End out ib was beralnated? As tn the beginning of 1991. MR. ABRJIAR: Your Honor, I would Like the court to sake judicial sotica of che tact that probation an thaw juvenile case wes cerminated tn 1991. MHIE COURD: I believe I hava alraady taken notica of these dates, Mx. Abajian, not te be redundant if 1 — prcbation Jurisaierson was terminated sanjary 29, 1391. ©. BY NR. ABASIAI: SO you wexen’t on eny probatien for that case when you talked to Michael Stasdon about boing on probotion for teelv= yeaz, were you? a ©, ‘The probation that you got for the theft of the xed Hyundai, do you réneaber when you wore sentenced on chat? Re Yea. @ When = OWE COUAT: fartnquake. Lf anybody wants to take recess, it eppeare te have cassed. Wo keep running in and out and we can ace -- it is herd to judge, but don’t fall oa ceremony, if you hava any fears. Tt Ls évory parson for Av this tine you can proved: MR. ABKIIAN: Would it b= earsaccnable for xe to ack to nave the Last quagtion read pack? (he racord yes read by he ceportes, a2 follows L, Katherine Ingersoll, C58 No, 24421a a “ 1s 16 Ww 1 1s 2 aa 2 a 2 ae a Question: The probation that you got for the Shaft of the red Hyunés!, do you remenber wher you wore sentencad on that. Question: then on, approximately when? AL Whon did I get probation fox the red Hyundai? a vest AL tn January of 1953, @. when you said you ware on fironation for twelve years, why did you say ual? A. tb’e just jailhouse bragging, [ seid r get ix yoare probation in Aivezcide and six years in Eee angoles. Re hat wae not tre, wae ic? AL Mace-up start. Mies Anditon, id you shoot Renay surtado on Ockeber Sth 1950 or sey other tine? AL Ney Taian MR. ABAIIAN: Tio Turther questsons Tur coURT: Recrosa- Ihe D.D.A, and investigating Officer =anfer sotto voce. WS. ANCYER! wething further. ‘THe COURT: ‘Thank yeu, Mr. anditan. you nay step down. WA. ABRJTAN! Your Konor, we would orter all previously marked exniptts by the defense Into evidence. 1. Katherine Ingersoll, CSR Na. 24434a aa a a4 ws ae uv ry as 20 aa 2 2 24 25 at 28 ts ‘DHE CouRP: Any objection? MS. ANCKER: IT T could just check aw list, Four Honer . MS. ANCKER: No objection. ‘WHE COURR: Okay. ‘They axe received, tho saaicienal exnibirs 33 anc 46 ana 34. (Rec'd In Bvd, Cct’s Ex. 34/35 and 36.) MR. ARRJIAM: On bohaLé of Mr. Anditen, the dafense rests Rebattar. Le Katherine Ingersoll, COR Ho. 2443REBUTTAL MS. ANCKER: wy Tirst rebuttes witness 19 Grace Domingo. ‘pu COURT: Ladies and gontlenon, I'm going to ask eeren teint capige ges the tv ingfoerain oon tor im : “pee eNO ee tae SEER,a all. And counsel had ingieated that based upon that possibility, that you shotid ce informed of Your Eight te refuse ta tes ye Bukeequent to chat, the disteict actornay Andiested that they yacld geant inmnsty for prosecution of any crime of any crime arising tron tnat theft of these Jackets or the later scle of those Jechts, ‘That means Lhe you cannot be prosecuted for that orine now or in the future and thar moans that what you state on the witness stane cannot na used againet yon since you cannot ha prosecuted. De you understand thatt wie wrawess: yes, six, T de. HE COURT, Qo you uncorztane waat the geant of ammonity entaits mor wires: uh-huh, Un-buh " ‘nue counn, re Lbat "ye: hig WITRESS: vee. THE COURT: De you nave any questions TE COURT. Gecouse of the geant of immunity ond since you cannot ineeiminate yourcall, clacs you eannet be prosecuted, thon ao you nst have the right agatnes gclf-Lncrininetlan? bo you understand thet? ‘THE WITWESS: Yas, sir. ‘THe COURT: Up you nave any questions er vould you Like to confer with counse! befove you testify here? THE WIMNESS: to. L, ethesine Ingeeseli, CSR fo. 24431 Tam COURT: vou ace willing to testify sn this trial? 2 THE WITNESS: Yes, I an. 3 THE COURT: Thank you, Just wait oubesde, : MG, ANCKER: ny she jugt romain in the year of the | coureroom eince she if ay nox witness? ‘ RE coups han 4s tines ’ Summon the jurors. . (Phe following proceadings were held in cpen s court in the prosance of the jury+) 0 ‘HE COURT: ALL jurors ard both alternates are again 11] present. u you may call your next witness, Ma. Ansker, au HS, RUCKER! Yosple call Grace Danings ue ‘THE COUR: MB. Domingo, approach the witness stand. as | race the clerk and raise your right hand to be sworn. 6 n GRACE noMEHCO, as | calles by the People as a witness cn rebuttal was sworn and 19 | testified es follows: 20 wal CLERs; Please raise your right hend. \ BL You do colonnly cwaar that the costimony you say 32 | give an the cause nou pending Rotors enis court, snadl be the 25| trutn, che wnote truth and nething bur the truth se help yoo 2a} aod. as nue wraNESs: Yea, 1 do. 7 Fleas steit and spell your nane for the record. 28 uE writs: Grace Denings ssa 1b, Katherine Ingeracll, C&R No. 24832599 10 2 2 a “4 EE us. CLERK: Spall your rarst nano. OUR: And your Last nan. wrmeess: peom-i-n-g-a. couRT: You may proceed. ANCKER: Thank you, Your Bonz. DIRECT EXAMINATION ° a e Ms. coniage, where do you wok? optical Radiation Coxperation. How long have you worked there, m=*amy ume, five yeacs and about four months, mow. bo you know @ wenan Ly the rene of Patricio 1s | tauzcen Qurgeoa? ra Ww ww a ae a 2 2 26 n ae a a. A. a a a a o vee. How do you know her? T eed te wok «Leh her, Ae that cane leeation you just described? Seno Lacstion. Yas. oy Long did you xnow ner? Since 1968, Like T think Mey ox June of 1980. Gan yeu doceeibe what your relationship wae Like 'a9 and aarly “907 a ° Ay a Well, 1 woald cansider us friends. Did you wark closely with hex? You, we vorkee together ae a aattor of fact. was ke just tne cao of you on = team? L. Kathosine tngorsoll, €8% No. 2643w au 2 a u 15 1 ” 4“ fr 20 a n aa 24 as 26 a 28 A. We wae Like semposed of one department, yoo Isnow, the two ef ua, Which {9 raturacd goods. Q- Bla you soctaiize with nor? Ae tes. @. bid you know hex Eamlly? BL Yon. @. Dia ghe talk to you About her children? A Yes. @. Did che tell you about her Life? A. Yea, kagieally. ves 0. At acne point, na‘am, aie your resationsnip change? AL tas, de did Q. Approximately when vag that? A, Te wae, unm, acter sie got sick @ Do you rameaber, onm, whet month of what year that vas tn? Ae That waz 1891. Q. Towerd the end of 19917 Q. And how did tha relationship change? A. Well, 1 think she was having problems yeu encw before she got sick, And then wien she cane back artes she aot sick, 12 wes really differeat elzeady, you know. think oho knew sonatiing. WR, ABAIIAN: Chjaction, Your Honor, I dante kxow whet chat 43 al) abact, Move to strLka. THE COURT: Gueteined a2 speculotion. Ansvcr In L. xatherlae Ingersoll, GSR Ro, 7442Fey aL 3 uM is W 1 2 a 22 3 24 25 26 a 28 stricken. wry Is ordered to the disregard its 9. BY MS. ANCKER: Tf you can explain to ua how aie hes treatment of you change? A. Okay. Phat cate the paramedics came to pick her up at work, umn, Detective Moore cane ovex that sane dey and they talked to me. Q. Did they talk ca you show: testiryang ip chs A, Well, not really. aut they were Like getting sone information fron me oines t wae che only eno thet workad with hex clozaly. Q. Ang at seae poant Later, did mrs. Burgess cave back te work? Ae Yeoh. Ghe euna back to wark and... 0. How did she treat you when sha cane hack? A. Te wasn't the sane anymore. 0. het was different? A. Ghe didn’t confide in a anymore the way che ned to Gl. Wag she Kind of giving you the cold shoulder? AL weeh, she was. @ At gona point in tina, did you reosive 4 subpoena to cone and teartty? A. ves, rata. @. Go you remeaber when that vas? A. Leantt recall. Tt waz = long tine ago. G. Was it sonetine around tne end or “yi oF the beginning of 1527 L, Katherine Ingersoll, Sx No. 2443ao a a B uM a a ” a fe u 2 a3 Fy a5 2 A. tts - yeah) Tk ds posible, It wae 1tke Docember ox Januazy, I can’t vecsil. GAG sone point im time, aio ues, Burgess make sene kind of reference aout testifying ina case against her A, ¥en, ahs dia. Can you aeserine che clecunstarces sround that statenent? A. See, she was talking to thess other ladles in ‘the back of me and thon -- T knew thay wore talielng about tt All right, you know, aboat her eon. MA. AEAIIAN: Move to strike az spsculetion, SHE COURT: Ne, The anaver ray remain, but you nesd to clear thet up. Q, -BEMS. ANCKER; How mary people were 1n the soon when Mra. Purgess nada the statenont? A. Chere wees these of ua. And how close together vers you all standing? A, Maybe about -- not even six Teec, mayne rive because I was approaching then whan they wera tatking- 0. Was It this ether person and mes. surges heving 4 conversation? AL Yean, they were, 2 Caule you heaz whut they ware talking about? A fen, Taig 2. Uihat ware they talking amout? A. hey ware talking about subposnes ror Colin ant she knows that these’s gens people at work who's going to be Ls Katherine Eugecsoll, CSA No. 2443,a0 u PY u a as a b 1s 20 au a 38 2 ar 28 cere 2. tho sald that? A. Mauroea dic 8. wnat then wnac did Maureen say? A. Then she turned eround and she sald: 1°11 get anybody that will testify against my aon. ‘Uhat‘s when I turned around and just walked out. Bic that make you nervous when she saic that? AL Weck, yeah. Tb did make me nezvous, Q. Did ahs ecund angry when she sald that? AL Yes. ©. Did you he2ieva tar chat she could gov anyone MR. AAAJIAN: Objection. Trrolovent. ‘WHE COURT: Sustained. O- BY MS. ANCKER: Mave you seen Mrs. survess selling any losthor Jackets at work? a. vas ©. Can you tell me wnae you SAW? A, Well, she cane An one day with sone leather Jackets and ake told me chat, unm MR. ABAJTAN: Objection. Hearsay. ree CoURT: overruled. 0. BS MS. ANCKGR: PLease continue. AL She told ne thet, usm, chere's this Indy at the feor that gave i+ te ae on consignment. Thae’s good, Make extra money. ‘Thon she eald 1e vas 120. L. Katerina ingersol, c58 wo. 2443w a as u 1 W w ir 20 a 2 aa 24 25 26 28 toe E lesked at it. I eafds You can got moze than ‘that because I just patd Tour nendred ror mine. 1 told her eke it 150. Make thirty doliers. And then wo started pasting netes axound werk, | We got -- we even had onr personnel manager sign It ane ve were selling £t, 4 was holging her sell 1. 0 — Aporoxinately now meny ef these jackeza did you and Mrs. Surgoss soil? A. e's mone than six @ Did she tell you where she gob ths jackets fro at sone point? AL (Wo response.) ©. Let as cephrase that. [ you aay she got them fron sone lady on consignnant; Ls that eight? @ AL sone polat later, did she teli you semething ai€ferent about where she got the jeckete? A. Well, yes, ‘haze was one particular style thet FLike, 1 told ners Tf you can get this tor me at my size. Ard she sald: T don’t ~~ T°11 see what my sons san do, you knew. I cee Lf they can ger it for you. Bid che indicate which sons, whe was getting the Jackets ror hery BLT know dt vas celta. @ How do you tmnow that? OR. ABBIIAN: Objection, ‘That ie nosresponsive. austoined L, Katnorine Ingersoll, cS® Ho. 2443au 2 2 a 2 2 28 Q. BEMS, ANGKER: Bid che toll you tt was Colin ‘that was getting the jackets tor ner? A Tess @. Did you have any ddan at the tine, maven, thet there Jackats wore etalon? A. Not until ¥ found out that she can’t get the sine that E want, Then 7 kind of 1ixo gels thezs’= sonething song hem. And than what aia you ao? ALF stopped Keloing ner. Q. Bid you see hor te continee -- did you saa ker continue te soll jackete after you had stopped helping her? O — Approxinately how meny more did she sell? AL TFL} aay tuo more. MS. ANCKER: I havo nothing further. hank yaa. ‘THE COURT: Cross-exanination. cRoss-FEAMENATON By NR. ABAJTAN: 0. ws. Dominguez -~ AL ome Doxtago. Q. — noniage. Ere eorey. You saia that the intarmation you nad about Use Jackets at C1rst as Hes, DuENess wae setling thon on coneigaments correct? AL ves. O. And then at one point in time shee see what hex L. Katharine Ingersoll, C88 No. 286310 a 12 13 4 1s 1s a8 as 20 al a 2 2 26 2 1606 sons could do about getting mace Gad then you aald Colin vas mentioned) right? A. Beeauge he vas working at the felr ab that, tine. 1 knows @. Ge you Just azcunod that Colin, it vas Colin because ha wae working at the fair? Re Mo, 1 atant. @ dhe didn’t soy the nama colin? Bi Ghe anid Colin. Q. Okay. ALE rignt. she qust didn’t eey ner sons. She seid her son Colin. AL Yeah. @. Ba didn’t gay anybody stoled anyening: right? AL She cian‘ say they ware stolen, yeah. 7 assumed they were stolen. @ Okay. Wok did you shink yeu could como to court and tescity as to hat you assuned? MS. ANCKER: objection. argumentative. HE COURT: Guateined. Q. BER, AGASTAM: What infomation did yeu have vihen Me. Burgess said, made the atatenent to you accUt not testifying against her sn. what Information did you have about these jackets? AL ela, som, that Cine we ware calling it, Like wnat T seid, T felt tonay because now cone ..- ©: E don't want $0 kaow ebout vou Zeeling funay- hat Anfoymation did you have about the jackete? Katherina Tagezeoll, CER No. 2443,a a 4 1s 46 16 49 26 a 2 23 2 a 26 2a ig. ACKER: Your Honor. Tt is Levelevant. ‘rite coma: Sustained. GAY UR. ABABTAK: Dd you have eny infornstion ‘that the jackets were stolen at tha tims Mre. aurgess made that otatenent? A, No. On, yes Taig. 0. What information? A. That wae after I spoke with Retastive Yoore 2 And the onty source of that Informction was | Hetective Moore; 1s thet right? @ Yow nad intormatioa that she was selling those jackets; rigNtF You knew thet A. Yeoh, T kney that, Dot I didn’t keow they were stolen at that tine. ©. -Rtgnt. Okay. So you Could Nave testified In court af law thet she was selling jackets thek were stolen sight MS. ACKER Ohjaction, Your Honor, a5 to whet tnIs witness beiieves, wnat she could or could act vestify ua. ‘Tne COURT: Sustained. BBY YR. ABMIAN: You had ne information regarding Colin's involvement other thea whet es. Burgess may nave tol you; correct? AL Yes, that te correct. 0. Pothing by yous oun eheervarica; correct? Ly Katharine Ingersoll, C52 Ne. 2483w a a2 re 13 16 as 1s 0 a 2 24 a 26 ar @. And go it is your testimony that bagod on that infoenstion, Mea. Buxgone inforred that er said that anyone wha testified against coltn she'd gets regnc? . That 42 the axtont of your knowledge that has to do with the leather jackets; correct? AL That’s all 7 can, you know, Just the Leather jackets mR, ABAJTAN: x don't have anything further, ‘eae couar! anytning. REOIRECT GxAvINATTON 9 ms. pontngo, without CeLling a2 vnat sie way have said, did Mes, Susgess tell you other things about her pon Colin? Qld sho taIk about ner canity orveit? AL oh, yea. MG. ARIIAM: cbjectien, irrelevan. MS. ANCKER: Your Henor, goos to tha threat. THE COURT: ‘Sustasned. ©. BY MS. ANCKEA: On how many occasions, ma'an, if you caa tail ue, did Ure. Eurgers talk about her son Colla? WR, ABRIIAW: 1 object, ‘This i6 irrelevant and not proper rebuctal. THE cout: cuatatned. WS. ANCKER: I nave nothing fortaar. E. Kathuzias iageseoll, cs He. 2443a aa a 3 “ Fry a a8 2 aa a a2 aa » 25 a 2s sens CHE COURT: sho may be exeased? WS. ANCKER! Yes. ‘ene couRr: You are excused, na‘at Next witness. BS, MICKER: People cali, Kael Newnan. HE COUR: Deputy Newnan, approach che witness: Stand. Ralso your right Nand to be sworn, zag, Hem, called by the People as a sutness on rebustal, vas sworn and testified as follows: WE CLERK: Please valae your right hand, You do solemnly swear that tas testimony you may give La the cause aw pending before this court, shall be the truth, the whole truth and nothing Sat the truth eo holp you oa, ‘WHE CLERK: Please be seated. Flesse ataue ond apell your nane for the record. WE wrIWESS: Kael Kovean. ME CLERK: Spell your first rane. me witmess: xca-r-l. IS CLEA: Your last name. THE WIOWESS: We ewan ‘mE CouRr+ You may proceed. MS. ANEXER: Thank you, Your Honor Ls Kethorine Ingerssll, CSR No. 2403Fry an 2 13 uw 1 " as 2s a 2 2 26 n 28 OTRECT EXAMINATION 0. Six, what ip yaur eecupation and assignment? AL Dapety sherit for the eheeier's transportation bareau Q Here you wozking with the sheriff's ‘teaneportstion group last month, =ir? @ On the asth of last goth, did a perticuler incident toke place on the hus that vas hovad for Pomona? AL Yes, ib id Q. Gan you tell am, what are your duLies at shorif¢'s Uranspestationr MR, AGRSIAN: Yous Konor, could we approach? Gojection. anpropar rebuttal, (# atscussion was ned ac Ene ereh, now reported.) THE COURT: Ghiection overswLed. 1 © BY MS. aNCKER: Sir, can you tell ne Briefly umat your duties are an sherstt’s traneporsation? AL Primarily, tf 1s to “> the transparcation of prisoners Q. From where te ehors? AL We LL take them from custedy faesiity te custeay recllity, ron custody facilities to court, custody facilities to state pstaon, alate prison back. Bvervacre ©. Spockftealiy, on April 28th, were yao at che os angeles county gat nexping to 1on@ a tos or criving af L, Kathezina IngoreolL, CSR Ne. 7841a0 a 2 a 1 16 wv 1 " a oa a » 26 a bus? R. twee peopering to Leave the coupound. Yes. 0. What took place ce tnat mos, sic? A. AST stopped on board the bus to check, count pepeiwork to make suze I had everything cexvact, an innato in the coer section of the bus later identified as ar. standon stacted telling ae thar, 1 had to renove tin from the bus. @, ast was he saying? A. Ho told wef hae to get Aim off the mus hecauce AFL digntt, there was going to be troupe. ©. Did he appear upsect AL Eateeaely. @ Can you coscedhe hia ceneanor when ne wee saying sais? WR. ABAJIAI: Gbjectiou, irrelevent. Compound and not proper rebuttal. HE COURT: verruled. ‘DHE WrINes: He was stoncing at tae very rear of the bas aczonlag at we thet Z hed to take him off the bus. O, WYMS. ANCKEK® as Colin Andicen abr an that bus, sie? AL Yee, ne was. @ there was he located on the bust A. He waa ocated In the third cuo-man section aa the driver's aide of tne bus ©. You stated that wr. Standen was Located in the rear of the bua; ia that eight? Bo ves, Faia. 4. Kathesine Ingersoll, CBR No, 2443a a aa u au“ Fry 1“ Fy 0 20 aL a2 a ry 2 28 an 2a a Q.. wae He. Anditen toward the front of eho bas? B fas. 0, het happened efter you heard Yr. Standen yelling tha: ne had te got off the bez? A. 1 apenes tho cages ana told me. standon to bring ke vas on @ four-aan chain. I told hin co stand ep and being the chaie out. @ And did he ao en? Q- Bld scHething hapson while Mr Standen and the hein were exiting? AL vos, dt did. @. what happened? AL As he was exiting, the ferty-aen section of the bus, which £s the xear aection, tuo annates stood up and agen te hit hin, 0. Dia you sue wheca they hit hin? A. Na, Zyasn’e ~~ 1 just Imew they were AivELag hin ta tha bedy and face. Q —-Bid you Later dataraine une these tuo pecple AL Yea, I ald. 0. Who ware they? ALT gon’t nave the names, 1 reporcod the Incident ko my Lieucenant and... dot. 2 hat happened after these people were hitting fe, Standan? AL cr Ydtrected chen to stop the attack. ther L. Satherine Ingersoll, CSR Ro. 2443wo a a a4 n 1 Fa 20 2 2 2a 2 a EG n 20 a gan back dovn. £ took Mr. Standan of! the pus ane chen 1 took the Eo other Individuals off the bus. 0. Ab sone poins in time, gig, did ur. Stancon pace by Me. Anditen wha var in the feo0r of the bas? whut, LE anything, hepponad when they passed each other? AL wi, Anditon steed in the tue-man section. There's a cage between than, @ wine mesh end ap Ms. Stendon passed, Anditon spit en his face. T believe he hic hin in cho chin, and teld him that he wat going te die. Q. De you recall specifically uhat Anditon eaia7 A. Tdon‘e recall the exeet words bur the inference that 1 picked up cay it, he was going to sue to it thas he vas killed hile ha vse in custedy WE COURT: Motion Is granted. the last cesponse 1s atricken. ©. BY ME. ANCHER: D9 you spacifleally venenbor Me. Andtton sey K111 or Killed towards Kr. Standan? AL 1 rencmber KGL, ves &- Was Me, Gtandon therenfter taken off the Bue? AL Yes, he waa. G.— Did ow. Standen insast on pressing any cnarges? AL ta. MR. AEAJIAN! Objection. Eerelevant. ‘Ts CoURY: sustafned. MS. ANCKER: 1 heve nothing fuctnes 1. Ketherine Ingarsoll, CSR wo. 24%28 aga (ons “EXAMINATION Oy ma. abaruan: @ Pretty serious. Did you write 6 repoct abous this Incident? AL Me, T did net 2. Did you Eoed thie important infomation to onybady Yes, 1 die. who too? My watch conmander. Did ne write a report? Yoo, he did. How do you know? Rocause Tuas told that no aid Did you see che report? Hoy 1 died nate Died you give him all the information? AL Yes, 1 dia HR. ABAITAN: May T appeaach? @ hy don"t you take @ look eb thet. Reed it te yourself, 2 zapert, approximately s pags and 2 third you reac it? Be tas, 1 heves ia thee what you Cold your Lieutenaat? nm, with the! exception af tho incident where Aaditon spit in ar. Standen's race, @ met about the Lncidear whee he sald he was BL. Katherine Ingerac}L. CS& ND. 146319 n 2 a a 1 1s u rey 20 2 a 4 as 28 2 seis going ta KA11 hime A. that was one incident. @. hay naglected to pat thar an tne report? AL tes, they dad. 0. You told yeur Lieutensnt chat and he sort of forgot to put it in che zeport? WS. ANCKER! Objection, Your Honor. Improper cxnss. Me dien't write the report. ‘SHE COURT: 1/21 cake that a calling for hearsay and calling for a conclasion. Sustainsd on that kavis. Q, BY NR. ABAJTAN: Are yon sure yeu told your Ligutenant about ix? AL” ¥ank. @ tn yous beatineny, you saic at Ebect you said Mr. Anditen told hin he wSs going to De killed -- na, You paid he woe golng to die. nd then Later you sald the words your heard wag kill. AL the ware wag Kil, 1 son't remember the exact verbage that was asad mut 1tke 1 said Q. Did you take cny nates? Ae Ney 1 did nok. @. Bia you consider naving any charges filed against Me, Anditon for saying this? AL Ney E did not. Q. Tt would be inpartant for you to notify aonebody about chet for purpesas of waove people ara ¥ape in cho Jail, wouldn't is? A. ilo ceepense.) E. Katherine ingursell, csa so. 24431 a 2 1s “4 15 16 as 19 a a 23 2 2% a 26 HB. ANCXER: Onjection, Year Honor. ‘DHE couRE: overruled. THE COURT: You nay answer. BY MR. ABAOTAN: Such @ theact, or de you hear theeate lia that all che tine? MR, ABAITAN: ALL right. No further questions. REDIRECT EXAMINATION BY MS. ANCRER: 2 Six, did you Neve information that Hr. anditon was 5 E107 Wa. ABAITAN: Objection, Irrelevant MME COURT: suctalnod. THe WITNESS: Yeo. SR. ABRITAR; Nove to Btrike the Seestsan and the INE COURT; whe answer is stricken, The juny fs cedered to the disragard it. GQ. BYES. ABCKER: Was there anyeay, ir, ta EOSP: Ne. Anditon nore secure then ne wes abready being Kept? MR. aaectas objection. trrelevens. MS. ANCKER: Yous Hove, can ve approack? HE COURT: Na bbs. ANCHEN: 2 goes spaci tically TRE COUNT: £ undevatond what it goes to Overruled, You may anzwor- BY M3, ANCKER: ss thore anyway to Keep: L. Katherine Ingersoll, C&R No. 2499a Fed a 14 as ue " 1 as 20 a a3 24 2 a8 aay Miss Anditon mane secure than he was alzoady boing opt? AL No. OMA no neing Kept in @ single-man cage by named? AL ten. Q. hy dian‘e you write 3 report, sir? AL Setause Mr, Standon did not want to press charges. New you cay you hear these kinds of threats all tne tine; a5 that right? A. Yes, £ ce Q. This happened about four wecks age; ia that Bight? A. Yes. Roughty. @. Be you clearly ronoaber the incislent in your hese today? AL ves, Téa MS. ANCKEA: I Nave qoching Caethor. Thank you. RECROSS-ERANIEATEH HY OME OR. ABRETAN: ©. customary to keep an Lnforment ovay fron the Anmate that he's Infozming oa; den’s at? A. Unny if we're so directad to de co by tha covet or Le sonaone, if the informant wants ta ba keps suay, yos ©. Rave you aver know vf a eituatioa tn your kenuse at che Jail where on informant end the persen he was informing on uaz kept together sad net seperated? L. Katherine Ingersoll, CSR Noy 2493Fd u a ie 4 Fra a a4 a au a 2 ™ as a5 v Fa A. Specifle Imawledga of it? No. YR, ADRGIAM: No further questions. THE COURT: Thank you, Ya aay step down MS. ANEMER! May I just have a moment, Your Honor. ithe 0.0.8. aad Investigating Officer confer satta voce.) MS. ANCKER: Toople call Deteesive Hoare. BARRY *OORE, celled by the People oa eebutcal as a witness, having been previously avorn, reeumad the stand and testified furtnor as rolLows: THD COURT; You've been previously sworn on this notter. You are still under oath and xenladed of that oath ME wrMEss: Yes, sir ‘THE COURT: You may proceed. DIREC? BxAMIIIATION 4. Deractive, ere you avare of ware Mc- Luts Orthz Lived in october of 19907 Q. Wave heard testimony thet that vas an adcress ef 12ET Douglas: 1s that correct? AL Tes. @ Can you dereribe vhers that ie ia zelationship to the Location af were the ved Hyuncal was tound on EIwaose Katharine Ingersoll, SR Ne. 2443a a a 2 a5 26 a evs A. re’s noktheast of the Location with the —~ excuse we -— with the San Bernardine psceiag hatwoon he two Locat Lone. . Approninetely haw far ase the twe Locations fron each ethoe? AL Lf you ge hy the eereots, it I theae-quarters of a mite, maybe. There te another way ta get there by fact. That ip short. @ Ane, sim, ean you the daccrihe that route? A. Yes. there's @ street uhet £8 called Murchinson, approxinetely one bicck north ef Elwood that zune oa the mouth side of tha ten frocvay. horse like a drainags that gees uncernasth the Freeway which many people vse as an access ta gain fran the south side af the freeway te the aecth eide of he fracway. G. Appeoninauely how Jeng te that zeta? AL oust @ Little var a quarter of a allie, mayne. ©. You heerd Me. Anditon clain chet che red tivundad hed been atolen La Ea Vexne; ie that sight? A Mes. G.— Can yeu talt us approsinataly wnere tne Pham’s Lived In veletionship to the Le Verne border? Ac They were eight ap on the border arse MR. RBAITAN: Gajection, ta that ag nor reburtal Dorder of what, thought ae wowace: they Lived La Feneaa but eight near the roraer or ta Verne. L. Kathorine tagersoll, cok Ke. 2443a6 cry as a a6 a as 20 22 aa Ey as 26 a 28 ©. BY MS. ACKER? Sir, vhon wee the Elect tine you hed contact with Michael standoat A, T believe i wer in Maren of 1991. Gan you dasaeine sie hew he appeared af that time, nie physical condition? A, Tealthy, cleen, thimer then he appeared in court hecauso he wae jack resently back in custody. fooned real fine. B.Com you describe for us your traning end experience duriag your sventy sone edd years az a police Officer in the azan of boing under the influence or being rug user? AL Yea. I've testified se an export for under the Antlaence of narcotics probably in excess of 2 hanired, one undead ifby tinea; court qualified as an expert in Lhe Fonona Monicipal court, Soweaa Superior Court, e120 San Sernacdine courte, Orange County courte, Fedeca} Couct have azcested in exeass of a thovsans people for under the influence of various narcotics canglag from aerijuane on up through mochowphetanine, PCP, norein, bazbicucates, vaslovs types ot anpnetanines 1 have vent to the Sen Bernardino Snerits’s Aeademy back Ia 1976 awd there wer about @ en-hour training sotsion on that subject ef under the influence. I have attonded che ese —- {WME cours Mr. Abeien, Wi2L you scLpulate to nis exportice in this axea? 1. Katherine angersenl, cee xo, 2493YR. AGRIZAN: Tes. TUE COURT: You mey pzoceed, Stipulation Is necelved. G.-Y WS. ANCKER: Spacidically, efe, ca you naeer thie Romy Bean ——=—=SS==== ee eed HH10 rt n u as as a a8 19 20 au 2 2 a6 a5 26 a 28 3622 a. vee . During that conversation, did Mrs, Dorgesa tels You caat Luis claimed Ae dldu*e sae whe was eaccying che gun when he cena -- when thase people returned from ehis alleged chaoting? A Re aia. YR. AEAJIAN? OpJection. Your Honor, ‘That 18 not Beoper rebutte] about what Ins suid. TRE COURT: guazatned. WR. AEATIAN: Wave to acrire. THE COURT: 3t may be stricken. YS. RNCKER: May T be noazd, Your Honor? IME coURT: Ladies and gontlonen, wa'll cake our morning recess. You are reminded of the continuing sdnoaltion not to discass this case, form any opinion ox conclusion, contest my indepandent. recaazch o2 investigation. : Retacn prowtly at eleven o clock. You can either vale La the deliberation room or outeide. (the following proceedings were hold in een court in tne presence of the juzy:) WE COURT: We're cutside the presence of the juracs. MS. ANCKER: spect¢ically on crass-exanination Yee. Doxgeae said that she renenbers Wis seving either vwouse" or Larry was carrying the gun. L. Katherine Ingersoll, CR No. 2443nh a b a a5 46 " 1 » 20 aL aa 4 35 a7 a8 1623 On the taped statement in the procance of Detective Moore she stated thar Luis didn’t state une was cerrying the gun. ‘THE cover: Mz. Abejian. MR. AVASIAN: I aign‘t Rear that. Sorry. THE COURT: ‘The representetion I that on her examination ke nae said that Luie had sold either "Moume™ ox LULS Was carrying cha gun. On the vaped statement she said phe didn't know whe vaa carrying eho gun. MR. ABASIAN: Said «hot? MS. AKCKER: ints eaid -~ didn’t cay whe wa cacrying the gun.. on the.taped statenant sha claims Kis didn’t eay who was carzying the gan. MR. ABAITAN: Correct. 5. AKCKER! On Givact che cudeenly claims that Luce raid efther Larry er "Mouse" was carrying the gan, 1 chink it le textbook impeachnent. Prier inconsistent stetemant RE COURT: Hefavenca Le the tape! 5. ANCKER? 1 can shaw you the videctepa. NR. ABAJTAN: D9 You nave a Leansertpt Or 1? Not Knowing It was who it was, olther one ox che ether, isn’t necssexrily inconsistent. NS. ACKER! Te 4s direct contradiction shot Laie didn't say whe was carrying tho gua. [ME COURE: I'm going to allow him te testify bo that. Tam going to start raigning in uadec 152. Thece ere Just so gany transitional issues that are ripe tor Segament, Gul T don't think we teed to continue with che L. Ratherioe ingarsoii, cS® No. 2443Fy a 29 ab a2 a 4 a5 26 a tgs consunpeson of tine. etl be La recess. (m resses vas tokens) THE COURF: Sumnen the jurors. (The ToLloving procceaings vere held in open court im the preaonce of the jer¥:) ‘HE COURT: AI jucere, both altersates ace presont. Detective Moore, you are reminded you are stall. under oath. you nay resuue your examination. tho last sbjoction ie overruled. YS. AKCKER! Thank you Tour Honor. % Detective, we were discussing your conversation With Mrs. Bargece, I don"t zecell what T asked you, but 1/22 ask you this: Tid Ye. auegecs tell yau that Isia seid or - Sorry. That uate ain't say -— WR. ABATIEN: GhJection co the Leading question. THE COUNTY Overruled. Q. BF NS. ANGER: Did ars. Surges tell yeu chat, ois Gida’t say «ho wes carrying che gua? A. She never told me that dul ever seid une was carrying the gan. ba. ARAJIAN? Move te atzike as nenresponsive. ‘UAE COURT: overraias. © BENS, ANCKER: Dd vas. Burgess tell you that Part of the lo tuls and Colin concocted was thet Colin seclved heme at tewr otelock oa Friday? AL tes. 0. Did Wra, Busgees tell you that colin sald Le Metherine cngerso11, CSR No, 29420 n 2 15 1 W Me Ws 20 23 u 23 18 pics "mouse" wae tall sad chinny? AL Yas. 2 Dic Mes. Burgos tell you that Enis claimed Larry ratorned te Laie! houce at coven o'clock on foot? A. she ata, Q. Did Ws. Burgess tell you thet she helteved tarry Cabvora - gory —- Luis ortiz var involved? A tes @& — Twapt to direct your etcontion te tne converesticn chat you hed with lin Ortiz which was put on audia tape. Do you recall that senvecsation, siz? A fas. 2% Mave you Listened to that audio tape in the pase. eouple of weeisa? a tee QOL WE. Ortiz, Luis Getz, tell you that ho had veed the nickname “Snyper 7 AL ae. Q. Did We. Ortiz te1l you he came home Exon his Girlfrland’s on Priday the cay af the shooting at epprexinately 3:50 oc 3235? MR. ABAJIMI: bjectien. Improper rebuttal. 3, ACKER: Ho denied making that coment. THE couar: gust a aonenc. Overruled. t WHE VITNESS: He told ine that, | D. BY MS. ANCKER: 1d he tell you that at some point his brother-in-law Jobe had taken the defendant home? lu. Katherine Incersall, €9R We, 7443a2 u a Fa n a as 2 aa 2 2 2 2 a 28 0. bid he wake the stavement that eftec we too that guy nome, 1 yaa hone all dey? AL Yes 8. And did he also sell you darsag tnae conversation thet he wan at hone fron four a’clock on for the west of the evening waiting for his girlériand ta come over and with ns giricriena? a. ves. @. Did Ag ever mention Leesy Cabrere to you when you talked ts hin on October Loch 19902 ALT gon"t beltove so. GQ. Big Ae tell you -- did you eek hin Lf he had any knowledge of wether ox not the defendant had etalen 4 car whet day? AL Tai, G. Did ha tell you that the defendant nad been in a stolen car anc had barely cunped it wnon EA dulendant cone to nis house? Aven Q. Old Mes Iva Cutie ever aake mention bo you during that conversation on October LOth 1990, af eecing any ed ayundal? AL don’t think he did- 0. T want te nant draw your attention ca an Interview you had with Hance Octiz shortly after the nudor eecucred. Do you recall that iaterview, sir? RY L. Katherine angers}, CSR Wo. 264810 a a a as 5 a6 v a a 20 a 24 25 a 2a ©. Eid Mie, Mande Oxti2 told you chat during the shooting @ bolle: hit a tree directly nest te Mr. Nand> oxtic? tee. MK. ABAJIAN: Onjectian. Improper remuttel. ‘Me couRr: sory? YR. ABAJIAN: Improper rebuttal. ‘THE COURD: Sustained. MS, ANCKER: Your Monor, tr. Ortiz dented naklng that etaterent. It's impeachment. ‘THE COURT! Your position Ls that Mande Ortiz, yous witness, was tying? Na. ANCKER: Tea. Wy position, Your Menor ~ WR. ABAJIAN: Your llonor, could we Uke appeoach eido | har Lf she wants to nake a spoaking objection? ‘HS COURT: Yes (h discazaion was hold at the bench, not reported.} ‘DHE COURD: ‘The objection 12 sustained. OBE MS. ANCWER: Ble Me. Nando Qetiz tel) you, sir, whon you talked co iin after the erime, chat ne could net ec the faces of the peuple that wera Jn the car? AL tae. @ Dia he tell you whethar er net ho would be able ko identigy someone 4£ you showed nia paotograpne? AL Me anid he couldn't Identity enyone Q. Did ke aver uso the teen dank-elcinned Mexicans with you In describing the people Fhat were in the car? AL Edon‘t recall hin using dazk-skinned. L, Katnerine Ingersoll, CSR No. 256328 (1. Wien he wae describing tha ineisent to you, he old you about a velicle that he dove betind; 15 thet A. tes, @. Diane use the term truck or van, £¢ you recall, etx A. Thelieva it wae van. QE Want to Craw your attention to tne conversations you have had with the defendant ducing the sourse of this investigetion. yen yau first contusted the dafaadant in the Banning City Ja11, did you ask nin about the red Hywadas and whether ox aot he had stolen that caz? A. vee, © did. 0. What was hig dnitial response? AL He dign“t know enytnerg about 16 Q. hen did he Finely edait that he had boon in thet car? A, Ts when I explained to nim that wa had found nis ‘Tngerorinta in the cer. SG. hao did ne. aaditan fleet give you the nanes of tthe paople that he elaine were involved ia this shosting? AL Thelieve it was January 16th 1991 while ne was in the Ponone municipal lockup. G. Has ie not dn Rivercide County Fail when you hed the Interview uhere his attorney Michelle Oille aad hie nother were presente A. le did not alve me names, 5. L. Satherine Ingersoll, ¢5R wo. 2643ae u a a a n ue 1 20 aa a 2 2 2 2 a ©. When you were in Nowvalk with wr. Anditon, you BISo discassed the chaft 9€ thase leather jackete; ie that AL yes And did Ne. Anditen te11 you that he had recelvad sone jackets van the Huseleston’s at that time? AL Yee G. Hew many did he tell you he had received? ©. New, sir, you told us in 1980 you were & homicide douactlve; ie that correct? AL Yes, naten, ©. Approximately new mary nomictaas nave you Dean involved with the Lnvestigation of during the caurse of your cerooe? A. Probably thiety or mre Fert of thac investigation tneiuses interviewing wAtneases who describe the events of a murdax. AL yes ©. Pork cE thar investigation includes talking to suspects In possipiy obtaining confessions? AL Yes G. Mave yoo evar heard thoes peaple that you've Interviewed use t20 resn I blew hie noad af67 Ac Tdoare think Iva aver vaceiL. UR. ABAJIAN: Objaction. Ireetavanc, ‘Tar cour, G. BY MS. ACKER! Sim, at some paint in tine, the 1. Ratherine Ingersoli, C&R Wo. 2443Anvestigation of Larsy Cabreca and Richard Segura ended; 1s that coxrect a ses. Q. Why was that? MR. RBASIAN: I’ve been preclucad Exoa patting in tho evidence of the tapes Me. ANCEER: I'LL withdeaw. TRE COURT! Ke. Abadjian, the objection is cuctained ©. BY MS. ANGKEH: Sir, tnere’s Been an intemance that the ball vas dkopyed In an effort te move the Anditon femily. It Mr. anditoe, Calin Anditon had conkinuad to be considers « witness, weuld the police affects ta nave the family have continged? WR. ARASIAN: Objection. That is calling for speculation. fe can testify to wnat ne nous "EE COURT: pustained, © BY MS. ANICKER: Have you moved Lani Lies before, a. tes. M9. ANCKER: Thank you very much, I kave eothlag10 3 u a a b a uw za a Fe a 26 a sam AL ith Mando? Yes, T did. Q. De you have a copy of that? AL 1'a at counsel conte MR. AAAZIAN: You went co give me his report? MS. ANGHER: Fer the rosord, I’m handing the witness fMO blue bindars containing polica soparts, BR. ABADTA You want co Lake @ moment to Cin Eas, report? THE WITNESS: Gn Harde Ostia, edz? oR. AADTAL Yes. on your interview with Mando eR WETNEGS: 1 have st, ofr. @ BV NR, ABAJINN: ALL ight. May I cao Lt? Me, Ortiz satd that he was walking with @ frlend Danny Hurtado whon they wave ar the ccnnes ef Geead and Gibbs. They heard a car go skidding by. When he tamed around, Re Iso¥ed ane eau uhat Leaked Like # rifde coming out of the windows eazzect? AL Yen. 9. Seid when he au the rifle gaming out the window, he stepped, turned and ran, and one of tha rounds hit fm trea thar wes next to him, Ho was running and ne dove next fo 2 van and cove undernesth the van for sever; is thot rorzect? a yes: ©. sald he heard’ shout three snots, leaked up anc ‘sav Danny wae down and the cay was alzeady gone. the eax Looked 1ike 2 red Hyundas; right? ZL. Katherine Ingereell, C58 We. 2463io nD B “ Fr a a 2 a 21 a as 26 n 28 1en2 AL Yes @. in the car; correce? dhe could tell thera with were thos pacple AL Yes Q- IMe ware in the front: one was in tha rearr correct? AL Yes @. Te thors any refaronco In that Intezview > yous ever asking him for 5 description of the pecple involved? A. Nob in Unis. mus An 1s on the tape. @. You have @ tape of Mr. turtado; 1s that right? AL of Me. grein. ©. of mando oretz, yas. Okay. wnat 15 your kestimony that Nr. Getiz tells you an that tepe about the decesiption? ALT didn’t give a complete tectineny on the deseristlon, six. Tt was only Lt Li wes dack-skinned. ©, What did he sey end what wes his description of the people? AL nat they ware three nale Mexicans. Q. Meee gate Mexicans; right? A. Yeo, abe. G. Richard segura you know hin? right? AL Tive known nim since £/ve been doing this Anveabigatlon. G. Lives on Marchinson Strset; correct? A. T don't know where he's Living prosantly, ets. MS. ANCKER: objection, Your Honor. 7 think this Lins: L. Xathesiaa TngersolL, CBR sa. 244310 n a3 u as 16 n Mw uw 20 a 2 a5 Fn a5 2% 2a wes of ingulzy ie iecelevent end — THE COURT: Cverruted. ©. BY MR. BANTAM: He Lived an Moreninson Street, wight? A at one tine, yes O. Some aparceents: rignee 0. thoga apactmants wore very clogs te Blwoad Avenue where the Ayundat was duaped; isn’t that correct? A. that’s cocrect. @. Much closer Jn fact than Me. Getis’ ceaidence; isn't that eerrect? Gta Ae your testiany that Mev Anditen did cot, give you names vhen you had che Latarview with hin aad his attorney michele corre? KR. Th waz nob en Interview, siz. We spoke wlth bin and he did not give as the nares Q. So it ta your costinsay tar in tha pracance of michele pitts never used any nanar? A. Tuat‘'s correct, air. o A. Basically that -- he didn't use names and he went Usrough ue scenario that he's atreasy tastiriea to @ im Ltew of names, wnat aia no usa? wet G8a ne aay? fe just didn’t give aaes ©. hen Ld you datermine that Mr. Anditen was 29 L, Katherine Ingersoll, €52 wo. 24431 ir a “4 1s ra " a rr a Ey 23 a5 26 a 28 163s Longer cocperating with your Investigation of unis micder? A. had chat focilag fren the vary Elect tlio 2 spoke ULE nim when T caught nim in Lies Well, wlth wespecs Eo not assisting f0 acing the tantly? A, Tei not stop the assistance of moving che Fanily, sir. That ves as Urs. Andicon stated, chet was cone by the peopls whe are in charga ef Soction 8. Not ae. 2. You tastities eavlier chat tha only reagan that efforts were mace to stop tho moving of tne tanily is DecaNse Me. Anditen ceased cuoperction; correct? K.-T don’t renomber testifying to that. £ believe that came our from Me. aneiten through her Jetcer, @ — TeiLnw sbout what you Just sald ta your previous testimony here a couple of minutes ago — ME. ANCHER: Objaction, Your Honor. Q- BY HR. ABATAW: Ol you Lestity chew Lf Me. Anditon had continued kis ceoperation, the offerte to nove nls family would nave continued? MS. ANCKER: Objection, Your Kenor. hat question —— THE COURT: Sustained. @ BY HR. ADAIYAN: Did -~ do you know who Deena= aA Tao. §- Bo you know viera she Lived back tn a Tae. NS. BNCKER! Objection. inpropes crore 1. Katherine Ingereoll, G32 Ko. 2443,a0 u a a a as a un a as 20 a a 26 2 26 n 2 THe couRT: overruted. Q. BY MR, BASIN theze? A. On the cornor of thustiagten and Chester. ©. That WOLIE be east of where che car uae droppe: AL Yeu, aiz. Ana Dudley. ‘That would be vost of whose the cor wes dropped, wouldn't £1? AL yea, by shout five houses. @. Okay. You aaid Me, Standen didn't appear to yoo to be scasons who abused methanghetanine wher yaa talked to hie. When was it thet you talked to a? B.-L believe it waa March af 2991, air. @ And na nad juet gone back into jall? AL xes. 2. Mow Long had he buan out of Jatt B.D have ne idea, size @- Covlan’t nave Been very long, could it? ALT hava no kaea. Q- Well, yeu know whan he was ia jeil in Riverside, ight and you know whem he uaa in 1 in Pomona? AL Who was im 3a13 in Fonona, sir? Q. Welk, you Kaow Ke. Standon was In Jal ia Riverside County; ceerect? A vee. ©. And you know when that wary sight? A. Tbelleve it wes sowevnere 1a the peginning of "9a, wee. Ly Katheriae Ingersoll, CSE No. 2483ae ul a a as a6 n a8 as ae aa a 2 a4 26 2 28 Q. And yoo know he was in theve ia Cctober - excuse me -- yes of 199, correct, an miversice 14117 A, believe he might have bees, ais. did not. ook Into the fact of when he wae Fleet incarcerated. So you don’t know tow Long Re had been cut oF Je41 on the street when you were observing him aad aakina the statement that ha didn’t appear te be seneane vhe abused ethanphetamne: AL Ido not know how long ne was on the streers. MR. ASBIZAM Yo further questions MS. ANCEER! Nothing alse. TIE COURT: Thank you, You may step acun Next witness. MS. ANCKER! Yay I just cheek te occ if he ic in the naliway. THe COURT: yes. MS. ANCKER: People eal), Dextar Cole. "TW COURT: Detective Cale. You've previously bein Sworn on ChLS matter. You are reninded of chat sath, hie wrennss: Yes, str. ME COURT: State your name Cor the cacord. me woes: + Daxter cole. THE Gaur: You may proceed L. Katherine ngarsor, cse No. 2643itera 1 nL 2 1a “4 as Fa a as 2 aa at 25 26 a ua DSxTER COLE, celled by the People ay 2 witness on rohuttal having beon proviowsly svech, seguned the stand and testified further se foLLowe DIRECR EXAMINOTON Q. Sfx, aze you — you praviousiy told us sbout your gang experience end your knowledge of 12th Stroot: is ‘shat correct? A ver 0. Ake you eware of any of the gang aonters in Ezeh atxeet using the moniker or niskrane “ir. Bugs" or “auge"? A Yee. 0. How miny or ~~ Now many 22th Atrecers ase that, A. Thece’s at least two. Maybe aos Mas anny Hurtada one of those people? WR. ABRITANS OBJection, Your Honor. This Ls ayain inproper rebuttal. TUE COURT: Lot me com counsel © side her (4 discussion was held at the Dench, not reported.) ‘me court: sustained. OBE MS. ANCKER: Sir, did tarry Cabrera ever ure the nicknane Aagel to your knowledge? RL Na. 0. Bld Richard Segura ever use the newe Angel to L, Katharine Tngerso.l, CSR No. 2443a 2 a ra 1s Fa ” Db 22 aa as 26 a 28 your knowledge? a. can you Gefine the Ler snitch for me? MR. ADAJIAW: Objection, derelovant. IME COURT: Sustained. BBY MS. ANCKSR: How ere sniuches viewed in county Jai, sizt MR, ABATIAN: Objectina. trealavant. we COURT: Sustained, @. EY MS, ANCKER: Are snltches distiked ia county. jel? WR. RBAJTAN: Objection, irrelevant. ‘TkE COURT? sustained. @. Be snitches get jumped in county jailt MR. ABMILAN: Your Honor, cane objection. NS. ANCKER: Can ve approach? cme covie’: Sustained. No. Q. BY MB. ANOKER: Six, approximately hev many gong murder invactigations have you bean involved with? A. WaLL, going strsceiy tron che past theoe years, being assigned as 4 davective vo the gang unit, umn, there ware epprosinately foxty in.that tine spen alone of Pomona masdere alone, and then before that there prokebly would have boon another forty freq «ly patzol cays or nen Twas In @ — saced an your expetienss and expertian in these canek, Sir, doer it happen that eyewitnesses -~ sorry ~~ that. vActIMs sho have not Gied, attenpt murder victins, 245 TE. Fathering Ingorsall, CSR No. 2443a0 au 2 a u a3 rr 1 » 20 a 24 2 2s 26 n” — 1539 victins, zefuse to indeatify @ suspect berauae they'd rather eck their oun retaliation? MR. REAJIAN: Onjartson. Ghat calls ror speculation. ‘ME COURT: untalned. Ma. AVCRER: Gueteined. What was the basis of the ~ THE COUR: Calls for speculation HS, ANCKER: Despite his expartiea, Your Honor? THE COURT: yos, Calhc fo speculation. 0. -RYMS. ANCKER: Have vitresses or victins you've talkad to blatantly refused to Ideal fy people chat clained to have acon to commit = crint? HR ADAJIAN: Objection. teeetavane ‘am couRt: Sustained. 0. BY MS. ANCHER: Ave you fanilior with the tesn evrsct justice, atx? What does that mean? WR, ABATIAN: Objection, ierelevant. ‘CHE coURT: sustained. MS. ARCKER: Your Honor, goes directly to tescinony of Beatrice vargaa- THE COURT: This whole Line of questioning La inprosex E suggcet you move en £0 anotha Line. BBY MS, AKCKER: Sit, are you TamLitar with ene ‘orm vant-to-ber Q. Can you tell us what that is? Ly Kasherine Ingersall, CSR te. 2443ae rr 20 a 2 24 a5 Fa a 1630 A. A vant-torbe 1s exectly that, A person vio wants to be. Ke can sometine: be classed as a periphers] gang nether or 4 person «ho 13 saezing ta enter 9 particular Q: Ts one of the ways pearle got into particular gange by committing a sino for the benefit of that gang? MR. AEASIAN: ObJectLOn. irrelevant and nproper rebuttal. THE COURT: Sastained ox tha Latter ground. [me 0.0.8, and Investigating orracer confer sone voce.) MS. ANCKEA: 1 heve acthing further. ‘Thank you, Your Kener, [HE COURT: Ceoes-oxanination NR. ABAIIAN: T 3uSE have a question thet would be beyond the scope, but I could tako hin as my witness if the court in che Latereste of tina would allow it- ME COURT: You wane to call Rim as to sonAching chat has heen redged on cebutcal? ‘HE CQURE: In the intazeat of time, you may take hin as your witness and, Me. ancker, 1/11 ask you to cross-examine on that Dasis. QD NR, ADAJIAN: Datective Moore testified thst Ys, Gegura at one time Lived in the Mazchiazon apartments. Were you avara of that? We couRr: sorry, that Is BY MR. ABATEAI: Auuze thet ho lived thors? A. Well I'm trying co think. twa zets of ZL, Katherine ingoveell, COR wa, 24431) morchinson apartmente. 2 0. The ones up above Elwood. 3 A. Tt rans paratied to elveod end the twa bola sun 4| north of Eiwooa 5 @ Meee Dudley. 6 A. Yes, I thing the Segura fanily suill does Live 7] ehatre 1376 Musehingon. I chink it is Wo 2 5 Q. They Lived there in Getober 1990; ta that 30 ALT have to check on thet but I Ehink 0. un MM. AGRJIAN Thank you. 2 THe CoRR: cross on the nev matter. 3 WS. ANCRER: No questions “ TUE COURT: Thank you, You may step down. as Noxt witness: 1% MS. ANCKER! Your Honas, “Eoople cali investigator 12] tepes. 7 don't know Lf he's accived vet. 8 MR. AERIZAN: Coulé ve approach the side ber. 19 ME COURT: voz. 20 (inere was a discussion nels at the bench, EN not reported.) 2 TE COURT: Ladies and gentlenen, Ia informed that {2 Lthe tact wignassos wil) he avatdpnia aha aes —4“ a5 a ” a Fa a 22 aa 25 2 a 28 1842 Anotractiona of the court ons we’ll peaceed with aeguneas and summation probably tonocesw. T/m still kind of jaggling with another case that I have. hot Ls the gome plan at this time. Ae you oro peinfully avare, that changes morent £9 manent. So with that seid, you are orderea to retuen at D. You are ordered not to discuss this cane, foen any opinion or conclusion soncuct any indapendent recoarch or investigation, visit the scene. please havo = ploasant duneh. zat Lightly. counsel, way take five minctey. ‘Thea vo sill confer in chonbers. You ¢an go over the instuctiens. We can discuss then 1m chambers. (at 11:30 a.m. tha neon recess waa teken unbLl 1:30 p.m. of tha cane day.) L. Ratherine Ingersoll, cSa Ne. 2443a Ey a 26 a 2% 2 1643 FOWOWA, CALTFOIRNER TUESDAY, MAY 18, 1393 DEPARTMENT EAST R HON, RORER? A. ORES, JUDGE itp P.. SBssTON EPEARANCES? (As heretofore nated.) (Us Hatheriae ingersoll, CSR Wa. 2443, OffLcdal Reporcor} SME COURT: Okay. All jurars, HOUN alternates end the corensant, both counsel a1# preseat. ald your rest witness. MS. ANCKER: Paeple call itr. LepozMiana. ‘DHE COURT: Ste, you've been previously sworn in this THE WITNESS: ves, Your Tenor. RINE LOPEZ~TIAHn, called by the Feople ov ¢ witness on rebuttal, having boon peeviously avorn, coouned the stand and testified further az collowe} ‘nee courn: You are still under cath. You axe rewinded of that oath. TUE CLERK: Flease etate your mane again for the ecard. Ter wxTmEss: Jaime, d-a-t-are. TE CLERK: Spell your Inst sane ‘TE WITHERS: Le pee Teica-ana. HE COVRT: You may proceed. Lk, Kethacine Ingersoll, CSR No. 2643ase DERECT EXAMINATION by MS. ABC GQ. Gis, Eo zemine tho jury, you are an {nyestsgator hired by the defanse to aia in the defense of this case; Lo that ragnt? A. That in comect. @. And one 9f the ching you aia curing the Investigation of this case waa to Interview @ Me, Jose iui ortiz; 1s thet correct? a Yes, St dae 8. Fou setnally you interviewss Wr. ortiz on two occasians; 1s chet sight? Ae tems @ Once on Cctobor 29, 1962; is that correct? AL fea, in ts 2. SLE, for the record, exe yeu seferring te = cony DE your report? A. Yes, Ton @. ng the second tine on ADrI1 5, 19937 38 ther @. Now, tho feat time you telkad to Me. ortiz, Ae told you thar ne lart tron nas giritriend’s xouso for Nis awe house at about twa o’elock in the afternoon on Friday Getober 1560; 19 that corzact? AL Yer, at te ©: And he Cold you chat agaan on April sun 1983; is that conrect? L. Ratherine ingorselt, csk so. 268328 seis ©. on Octower 29, 1392, he told you that the defendant Me, Colin Anditen was at Wie house until acter dare fon Oztoher Sth 1990; Ls that correct? Ko 1992, Tas. Yes. Thac’s what he told we in 192. Q. and he told you in 1902 thas nie mw cans nama after she completed work that cay: is that coreoct? AL Tes, it is. 0 And he tole you that quite acuetine after his mother cane home fron work, Join task tha defendant howe; is that correct? AL TE 1 nay just cevéew chet. {A pange im tho prossodings.) A. Yes, that 1 correct. It wae quite sonetine after thé mother’s arrival Jona supposedly toak Mz. AndLton home. @ April 5, 1993, Me. Ortiz Sold you that hie mother and brother-in-law John cane hane between five ant sie prelock on the date ef October 1980; Ls thet currect? AL ves, it ie Q. He alee told you that Soha tack Gelin home Amediately after John and nis nother arrived honey is that correct? AL Yes, They cook the client home within minutes of nie mother's arnival, GM, Ores told you an Aprai of 1994 chat tne defendant inter returned in his oun mother's, the defendant's Li. Katherine Ingerssli, CBR Ho. 2443a0 aL a 2 a4 a5 n 16 a8 20 a ao aa 2a 25 26 a 20 mother’s cae; ae that corcect? AL fae, ib ds Qe told yeu in April cf 2993 that Lerzy Cabsena arrived sometime between etght and nino a‘ejack that might; iz that eight? A tes, 2. And no couida’t recall whether es not Larry spont the night; is thet correct? A. that io correct, 0, ut he tale you back in October of 1592 thet, Lorey came over before the sofendant Lefty ig that correct? @ And he told you the defendant had left on October 28, 1892, he told you tha dagcndant had left between Seven ond sight o°ciock; sen‘ that right? Ro T bolieve thet it 4s. aut Let me make sure. Yes. that's correct. Be alss told you tm Octohex af 1992 thet Larry Cabrera leh nis house axcund aidnigne; is that correct? AL Yoay ak is. G. Im Oetobex of 1992, He. oxtsa bold you that he never sew a ced Hyuncat thst day, didn’t he? AL Yes. © But then in APE! of 1993, Ur. ortiz told you thet as shout (ve o'clock he, the defendant end Gabriet Flores, sew a red Hyundai; ie tnat right? AL That ke cozesct. Qe told you they were an their way to go see & Ly Hatherine Ingersoll, eS No. 2403ager onan naned Parcela who Llved on Eluood Straaty is that, eonract? 0. And he told you that the sefeadant had stated to him, fuio, that the defondant had stolen a car Like che red Hysadal; is that correct? A ves, dt is. ‘hank you very meh, siz E have nothing further, ‘WHE COURT: Cross-examination. WA. ABAITAN: No Gussticns. mE COUNT: ‘Thank yas. You aay step dav. ME, ANCKER: I have ao further rebuttal wisaesses. ‘Th couRr: Any sucrebuttal? MB. ABAJIA: Feat. TE comm: Qoth sides rose? bes. ANCKER! yes. UR, ABAJIAN: Yes. ‘THE COURT Lecies end gentleman, beth eidse have rorted. 1 have had soue aigcussion with counsel, Ft Ls going to take about @ half-houc for we te finalise the Jory Hy intention, ix whea you recura this attorsaon iq about @ halt-noue, 1 til read ta you che Jury instructions that: way apply Ln this case, We then will, acoee and xotuen tonorrey moroiag at 10:00 a.m. An enat cine, che prosecutor WiLL give nex L, Katherine Ingersoll, CS? Wo. 2462at | summation aad opening azgunent. ‘That will ne rotiowed cy the defence's asguuent and chereatter folloved by the prosecution’s rebabtel. $0 what 2’m geing to ack al this time ia tas you ranenmar tho adaonition: Until all ane evidence and instructions ana argument are peEare yous you are not te torn any aplngon of conclusien en this matter, you are not to discuss this meter amongst yourcelves aor WiTn any other person, You are ant to contact any independent. | resaaen or snvastagation or visit the scene of anything 10} reterrea to. M Pleace return at 2:15, 2 You wea Lovited, 4 you wish, you may ronan te 13 | tne gury deliberatson room of you wey go to the snack Bary 24 | outside until 2:15, bat we will be having peocoadinge i= 28 | cour. a Have a pleasant nraak. We'll see you te about tr | nave-roar 1 WEL ABASIAN, Your Honor, ce you vant to rase or give 18 | thon tho infomation regarding Mark anaiton when ehey cone aL THE COURT: Before you Leave, Isdies and genticen, T gv tba Been, iz a ativulation axbetucan counsel that _ i —d i. yerFay a a3 “4 ts v7 10 w a cy 23 24 25 26 2 28 164s You ere instructed that the evidence ag te such varvant. of arcost is for your consideration as it may or ay not tord Co explain why KE. AndLton aay or way Ret be prtaunt. You are nat te speculat= #2 co the natura or the oazon for aay warsant foe aie ascect. with that Instruction, you ere agaia alloyed to eave watil 2:15. MR. ABAZTAN, ‘Thank you. (ne soliowing proceacings were held in open court gutside the presence of the Jury: ME COURT! Okay. We’ze outside the precance of the jarors Ms. aneker, I don’t know If 1t Was on the record before we hegaa proceedings, yo hed indicated based upon sone comnts that I had made whan going over the inetmuetions in chambers ag to che 146.23 instruction the court intends to give, Wat you were objecting to tne Inatvuction fa its present fern ox te renesu) eae. That, instruction is that the defendant pastonally committed the relony allegoa tn Couate 1 aid 2 Of the Infarnation and that you, as x undarstand it, believe the sora “personally” should be removed ie that correct? WR COURT: That's Tine. T reviowed 1B6.22, ho requirenont de that ths Felony bo committed for the purpose that is further dascrihed An Lhe tstcuction, bun Chere does not appear co be > L. kathoring Ingorsell, CSR No. 2483ae u 12 a a 1s 1 aw as 2 2 a 2 2 25 28 roguizencnt that the defendant be personally conniteing the Felony. Ho sili must hava the specitic Intent ninselt as chey will Be further instructed. Tut I do intend ta delete the vord "perscnaily! and stharvise give tho instruction in ive present core. BR. ABRIIA Wnlen Includes with the specteic Antens"? THE COURT: ver. Yas. That is No. 3, with ane other mcitication, when 1 wrors out che Instruction, © had Bicepplied the effective date of the statute, the effective Mate Ls Soptoaber 23, 1992 and that'e che date T've Substicuted in in che ineceuctian. There hes baen ¢ conference In chenbers whoceby Anctractioas were discussed. I went to nuke a record az te the proposed instructions. pofere 1 de thet, mr. xbajian, 1¢ 35 my understanding thet yeu are not xequesting any Inasor~incloced or leesorrelated inctructicna; Le that cozeset? WR. ASAIIAN: That's cormact (Counsel and elieat contar seco yore.) The court: very well. ‘Ths Poopie have oupplied alt ox moot of the instructions that will he used in this case. UnLogs ethecwise noted ot the baginaing ef the case end based upon the state of the evidence the Pevple hava Ladiceted that they ‘idl be wLehdeaving esztain instructions. 1 want te make a decord of che withdrawn instructions. Those ere all CALJIC nunbers ualeas otherwise E. Katherine Tngeescli, CSR to. 2644we au a u as a6 nu a as 26 23 2 23 24 2s Fa 2 26 ass noted, In ne particular evder. 17-49, which 1s use of MULCIDLe verdict forms, which up will not vee bacauee af ne fessor included Instructions, Is wuthdrexn. 17.40 leaner-included related offenses 4.00, which ip the definition of honlelds. Basec upon the discussions in chambers, it is Flear that the position of both caunsel ts that che crime connitted is a murder. Tha degros ic to be detamcined by the DUTY. MUS Ie 1s qurder no Less than aanslaughtar and it ie not justi¢iahie nor excusable, and nevtner counsel wilt ne arguing justification ox excuse. Saved upon that representaticn, tho Poople liad indiceted they will withdvay e.00. Te thet conrect? Ms. aNeKE: Yoo. THE COUWE: Nr, tbajlan, it fe ay understanding you sad Me, Ancker wit1 not be arguing justicscetion; is char WR. ABAJTAN: Correst. THE COURE: 3.13, Ona accomplice may nov corroborate: enother, nag besa withdrawn. 3.02, Petncipel's Liability for satura und Probable cansequances, have beon withdravn. This is Enappropriate under “hese tacte. 2.71.3, acoptive emissions, hes been witheraun 2.71, Adtlssion, hes been withdrawn with che understanding thet the coust 4e giving the jolnt concussion end admission instruction. L. Hathacing Ingarsoll, o§@ No. 24831 a us as ra n 1 as 20 2 22 2 24 as 2% a 20 2652 and 2.60, 2.61 sagerdlng defendant net Testicying is withsrawn, as che datendant did in face testiey. | ‘Tho People hed sequeated and the court sefveos to give 2.52 flight after ering cn the basie since identity 45 a issue in this case that would be an inpraper Anetrastien ts qive basnd upon the uae notes The court does intend to give the following instructions: MR, ABRIZAM: Copy far counsel the. un CLERK: Ta thie far then? ar couRt No, hat is the withdzaun and zofused insteuctions. THE COURT: Here's counsels’ copy. The introductory instcuctiona. RE. ABLJIAN: Cole ws west jurt one moment? Me Anckes wants to acen Lt and thes Zw gelng ta go taraugh TE with my cliant peccuse he hasn't seen thew. We COURT: That is fine, (a Stecoesson was neld oft the zesord.) ME CGURT: The Introductory Insceuctions, He. Abajian, Me. Aaditen, ££ you'll look at the Left-hand ancgin in amsll print, the CALSIC ausber I’m zaferring to starting with Page 1, CACIIC 1.00. da you ace it ehasa? HR. ABAITAN: Yes. DUE COURT: 1.00, 1,01 instructions to be canoidexed 2s a wnolar. 1.02, statements of counsel. i've Included L, Katharine Ingersoll, C&R No. 203a0 a a b u 38 16 a a 2 20 aa a Fa a7 za te stipulations, 1.02.1, euty of counsel ca object. gury ade show prejudice. 1.03, juree fexblddan to make any independant investigation. 221-1, discrepancies in testiony 2.212, a witness ig willéully faea. 222, weighing of contiicting cestinony. 2.24, bellevabiiley of 4 witness conviction af a crime, specifically a felony in this matter. 2.27, sufficiency of testimony of one vitnasa. T have left in tha instructions referring to correboration as the Jory WLLL later be Instructed 1s necessary for accomplice keetimony. 2.50, S¢ avidenca of other crimes. 1 nave Roditied that speciticalty they thay wll be -- the jury wil) be instructed that the evidence may only be coneidavea by you for the Limited purpons as it tens uo show corsatoration -- I'm going to correct the spesling in OF lack of corronoracion of the statements nade IY the defendent. Definition of peependerence of evidence, 2-55-2 deals vith cormboratien at other crimes 2edh, motive, adnission or confession 2.70 and 2.12 cagerdiay cospus delicti te be Proved Independent of an admlesion or sanfsesion. eepert ara lay opinion tescinony 2.20. 2.81 aod 2.82, burden of proof, katherine Ingersol1, C58 Wa. 23432 a ir 15 16 a 18 a9 20 aa 23 25 26 28 iss 2.80, the ganeral insteuction on burdan of proof. 2.8, eurden of peoving identity besed on eyewitnesses. nd 2.92, factors te considered an proving identity by eyenitners tectimony. Culpability for crimes, 3-00. 3.61 a8 to principals afding and abeccing. That applies not only to the People's theorles specifically on the pourts chasged in Counts 8 and 4, bur alco that and the Following instructions aa t appli co the accomplice bestimony La ehls trial. Accomplice Insteactions at 3.10, 3 3 Intent instruction, 3.30 te general criminal, intent that applies in this case only to the personal use of 2 fizeom, I believe. Me. Ahejian, do you concur in chat? MR. ABAGIAN: Tes. THe coUR!: Ms. Rocker. MS. ANCKER: yee THE CoURD: specitie intent at 2-31 as it applies to a1] the other allegations and as to counts 2, 4, ana 4 Aad nentel state instruction 3.31-5 as 4t applios to the mental state of expzussed nalice needed in The definition of the cries of murder, 9.30 nalies sforathonght. UL. Ketheriné iagarsoll, cm No. 2433Fa 2 u 1s 16 ” 18 is 20 a a 28 a6 a 20 8.11, deliberation premeditation aa it applice to first degree mraer. 8.20, the attempt to coantt aurder, 4.66, the willful delaborate and promditative renaing. 6.67, burglary. Ae 14.51, the court fs Instructing that the entry inte tha huclding and thar the pualding is any stricture. Counsel have Indicated to the court, Me. Abajian, you've Jadicated thet you will eat be acguiag that tha structure in quastion in this casa does ret conform with ‘the definition neeaes. WR, agngaam, ves. WHE COURT: And socord degree burglary is 9 matter of inv 14.96. MS. ANCKER: Your Honor. gee caurn, ve MS. ANCKER: Jest to avoid any poscible confusion, £ BOUL ASK tor @ stipulation that the structure deserined in bhe barglacy ds a ouLlding contained wrtnca tne meantog of thot definition. Tf there is no diovute ao te that iene, I wewld 1ike to tell the jury that ce thst {t ferecloses -- ‘Tex COURT: Stipulation Is that the structure is a batiding? NE. ANCKER: The atructure described by Mey Eouenny, BR. RBRJIAN: 1 doa‘ want to stipulate to that. hat is up Lo then. I'm not going to azyue tr. it is up to chan. 1, Katherine Ingersoll, CSR Ne. 2483ass wo a na a Fra ra a} 1% 8 20 a 2 a 28 2 2 a8 PME COURE: I'm Anctracting enon 4 oudlding Le a structure. You cen polnt that out. 1f dr becomes clear tron quections that these ia cone problen with chor, wa con padres it at that tina, ‘The Intentional InflLeclon of great bOLILy harm or death by the use of a fizenem fzon 2 meter vehicle ie a modification submitted by the Peepla te 17-20 and 1 understand the detense nas no onjeccion ta that modi fications ia that convect? MR. ABAJIAN: coxzect. ‘Ne COURD: Personal use of a LIveacn, 17,19. ‘The geny ceime inatruecion 4s # revision of the genera] ubstantive gang erims Instruction 6.54, Th has been modified by tho ceurt and the distrLot atuorney and 2 fuethee modified 1 a9 T had just indicated at the beginning of this rocand. Is there any other ehjecticn to thet inateuction 28 1 presontiy resds, Mr. Abajtan? Nx. AMASEAN: Surmie it. THE cover: Me, Anckes? Ms. ANCKER: No object toa. ‘DHE COURT: And then che concluding instructienst 138, aL, 4, eg 2, eS, oT, mB, 88, 8B Aco these ony other instructions cequested oF ebjoction: te any ef the proponed inctructicns ether counse? WOULd 1ike to indicate at thin tine, ts. Aneker? ms. aueKans No. L. Keshectoe Tagerso2L, CSR No. 24313 2a a 23 Py 2% 26 ar 29 ‘oHE CouRD: Me. abasinnd UR. ABAJTAN: Wo, Tour Hoaoe- : hE COURT: Just for clarification, on the -- rye flready explained to counsel that I da inform the jarors that these Instructions are In tooklet fora; thet the chagter headings are only to ke uoed fer theix ease in leveting an Instruction aad they are not in binding? that the Anstructions are to be considered as @ wnola anc each in Light of alt the ethers. You vill note in the table of contents there Je, aitor the initial entry of crines, and it says concluding Anstruccions and says erimas again, Ive deleced coxcludlng instructions and cflaes. thet all cones unde the heeding ef ceimee, is the czines ond onhencamente. G2 T've jazt deleted ‘those two reterences, erimes and then concluding Jastsections. WR, ABMIZAN: ‘that 4a fina, Your Honor. ‘CHE COURE: And we‘L1 do the gama on the indo. very walt. We'll ue dn racers untll 2. 5. Till read the concluding Instructions. Wetl2 recess and 1/11 give the concluding instructions after everyone has or argued. (the following proceedings were held in open court in the presence of the Jurys) TRE COURT: The dagendant, hath counsel, a1) jurare and boch alternates axe present. T aa going =e begin seading instructions co you T. Rasherine Ingersoll, ca wo. 2443a ue Fry a u 1 a 2 2 2 2 Fay 2% an 28 asso ins moment. Gefos= T day I'L] make 2 couple of comments. Tho instructions are conauhat lengzhy. Hope tally they wont get ten poring. I’m cold sometimes cnay soem that way. So T would ike to aeve your full ettentioa while T'm zeading them. You're going te nave the inetzuctions available for your ase in written form ia the Jury deliberation coon when you deliberate, You will find vhen yao vecelve che instractions that they're done in certain chapter heading Torms. the chapter headings are basically tor your usa ana case In trying to locate an instruction, Lf yew need co look ak an inteuction during delizerntion. But az you will again be instructed, the ordec of the instructions de of ne Jnportance and une Instructions are co ne considered as a whole and each in Light of all tha other Lnstructiens. ‘Tho inctracticns ganorally go in the following orcor: ‘The first are introductory instructions followed my sone general Instructions on evidence, followed by Leetructions on hoy te evaluate evidence, admissions of contessions, axpart and lay opinion tactinany, burden of proof, cuLpapiiity tor crimes, accomplices, intent acessary for cectein crimes end allegations, and then instructions on the eximes thensalves and finally the concluding me rivet group of inecrnetions aze under ths general heading of Inscoductory tastructLans. Jury ruseaueerons 4. Katherine Jagerzoll, CSR No, 2443,ae u 2 a “ as 16 n as Pd 2 2 24 2s 26 a 28 SY THE COURE: (Reading) Ladies end gentlemen of che jury, you fave hoard all the evidence end naw At Ls wy duty to instruct you on the Jaw that applies co this case, The 1aw wequives that I read the Inctructions ‘te you. Yeu will nave thece Anstenctions in weitten gone in the Jury coon to refer to during your doLibaretions. You have -- you nast base your decision on che tacts and the Law. Taw have two duties to merfecs, Ticst, you muct determine the facte Geen the evidence received tn the erial and aot fron any other source. A fact is something proved sivectly o2 cizeumstontially by the evidence or by stipulation. a stiptlation Ls an agreenent becween otcorneys xegerding the facts Second, you muct apply tho law what T stato te you te the facts as you Cetornine thew and in ths way acrive at your verdict, and any finding you are instructed ta include in your verdict. You must accept ead follow the E, Kathrine tngersotz, cSt RO. 248310 aL a a as a6 uv 1 as aa 2 a 4 2s 26 a 20 lay as 1 stare It £0 yoo unesner or not you agree with the Jew. Té anything conceentag the law said by the attorneys in thele arguments or et any other tine during ‘the urtel conflicts with ay Instructione, you mast Eollow my Angtructions. You must not be Influenced by pity for a dofendaat oz ay prejacice against Rin. You mst sot he biased against tne defendant because he’s heen arrested for this offense, charged with a crime e= brought te trial. None of ‘these Circumstances is evidence of Quilé and you must net infer or essune fron ary or all of then thet he it nore Likely to be quilty thaa inneeant. You must no! De influenced by ese sentinant, conjecture, sympacay. Fascion, projudica, public opinion or Public feeling. oth tha People and the defendant rave @ right to expect thet you vill conscientiously consider and weigh the evidence, apply the law ana reach 4 just vardict regasdlece of ‘che consequences. Tf any zule, Sirection ov idea TE. Fathering ingecso11, CSR No. 2445a0 uu cry ry as ae uv 46 1s aa a aa as a 2 vepested or stated in different ays in these inateactionz, no anphasic ie Antendes and you must not deaw aay Lnfecence baccuse of Its repatition. ‘be not single out any partloules sentence o* any individaal point or Instruction and ignore che ochers. Consider the inateuetions ae 4 «hole and each in the Light of 21) the others. ‘me order ia which the Anstcactiona axe given has na significance 8 ta thels xolative Anporcanca. Statements made by the attozacya dering the crial are aa: evidenes. Altnowgn, Lf Ete attarnays have stipulated or agreed to a fact, you must cegerd thet fact as conclusively proved. Tt an cbjection wae sustained to fe question, do not guess what the arawer might hava been. De not spocalate ag te the zeagcn for the objection, Do not assure to be teas eny insinuaclon suggested by a question asked witness. A quaation ie not ovLdence and nay be considers only ae E. Zatherine Ingarsoll, con No. 24aFa a Fy a 28 1% enables you to understand tne bo not conaider for any eurpose any ofter of evidence that vas rejected or any evidence that was stricken by the court, ‘reat it as though you had never heard of its at 18 the duty of ene counsel en wach side of @ case to object when the other sida offers teatinony or othar evidence uhieh the omjecting attorney believes £5 not properly adnissiple. You must not be prejudice against either acternoy x tho aide represented because che attorney naz nada objections Guring the course of tne tetel By aeraly allowing tactineny oF other evidence to be tntrodices aver the cbjsctien of an attorney, che court ous not Andicate any epinion as te the weight or effect of euch evidenee. Such wetght oF effect are matters tor you to decesnine. You muat decide all gucetiane af fact in this cago Exon the evidense recalved im tnés trial and not crow any ether source, Le Matherine rngersoll, c9R Ne. 2443Fa aL a n a rr Fe 1 Fad 20 a 2 2a 4 25 a5 1663 you aust abt ake any independent Investigation of the facts or the law or coneidar or diseues Escte ue to whlch tnece 45 no evidence This means, for exemple, that you must cot on your own visit the econo, conduct experiments ox conaalt reference works or persons for edditional information. You must not Glacucs this ease with any other person except 4 Feviow Juror, end you aust not discuss the case wlth a fellow juror encil the cose ie submitted te yo for your decision and only whon all javers ase present in the jucy room, he nest group of jasteuctions deah with general Instructions on the ovideneo. vagence consists of the Lestinony of witnesses, writings, nateziel cbjects ey asything presented to the senses and offaxed to prove the existence er nonexistence of ary tact Evidence 19 eltner direct or pireumatantisl. pigect evidence 4a evidence that diractly proves a fact without the aecessity of an tererence: re iw evidence which by Ltself if fouad to be tree eztabiichon that Zaet. Ls Ketherine Ingersoll, ca fo. 24432668 Chveunetaatiol evidence is evidence that if found to be true ortablishes ce peoves a fect fron which an inferences of the exigtenca of anatner fact may be drawn. An inference is a deduction of fect thot may legieally ond ronenably be draun trom anotnes trot of a group of fants estabitshed by uhe evidence. Te jg nob pesyspaey that facie, be -1665 eoscntial to complete a set of circumstances nace! ary to establish the cefendent’s guile, must be praver beyond 4 resonable doubt. In othor worda, befaze an Anrarenca excentisl to eetaplish guilt hay be fourc to have been proved Devond 4 weeconable doubt, each fact or eiremetance upon vhich such inference necessarily rests ust be proven beyond ¢ resonable doubt. Aloo, i€ the elzcunetanties evidence az to any particuiae couat ie Busceptipie of twe roasonable Interpretations, one of which polats to tho defendant's guile and the other te AMS Ingaanee, you must adopt that Lnterpretation which pofats to tne defendant's innocence and eject thet interpretation whieh poists t© his gone LE, on che ether nana. one Anterpretatioa of auch evidence appears to yeu to be raasenable end the other Ancerpratation te pe unreasonabie, you ust accept the reasonable interpretation and waject the anreasonabie L. Katherine Ingersoll, GR Ne, 24431 a rr 1 1s 16 18 rey 20 a 2 Fey a8 23 26 ” 1666 ‘the spacitic Intent or mental state with which an account 49 done may be shown by the ciscunstancse Surrounding Che comission of vie ect. However, you ney not find the defendant guilty of the crines charged uplese the proved cixennsteness not only, one, are consistea: with che theory that the dafordant hed the required epeecitic intent of nental state, but, Ho, canner be reconciled with any otier rational conclusion. Also, if tha ovidence oe > any Such specific intent or mantal state ie susceptible of two reasonable Anterpretasions, ane ef which points to euistence of the epesific intent ox mental state and che other to tne specific Lauant or wenta) state, you must adept thet Intexpetation shick points te the abecace of the epacific Anuent or mantal state Tf, on the other hand, one Anterpeetation of the evidence as to such specific intent or mental atate appears 10 you te ne reasorapia ans tne other interpretation te be unreasenabla, you aust accept the L. Xatherlae Ingersoll, 3K to. 2443Ts 2 reeconobie intorexetasion and reject i we 8 the unreasseable. i 2 4 you tind that the derenaant i 4 atrempted to suppress evidence against | 5 bingolt ia any manner see ae by the ‘ intimieation af a witnass, such ateeape 7 ay be considered by you as 8 ® ciramstance tending £0 show © : soncesouenses of gvilt. 10 However, auen conduct £8 not aa sueficient by itself co prove guile aad 2 ite weight and olgaiticarce, If any, a azo mutters for your coneLderat.Lon. : x“ Certeia evidence wes adeitted for LB 2 LGeited purpose. AE the tine hic 16 evideces wee admitted, you vere ca admonished that 4 coate nat be 8 considered by you for any purpose other Mecae ars ai 1 wae . a “wo Pelee, i .2568 events or re produce alt objects or Cocunente mentioned ax suggested by the evidance. Mere has been evidence ta thie case indicating thet a person other than the dofondant vas ce nay have beer Amvalved tn tne crane for whieh che defondent 4s on trial, ‘hese nay be many reasons hy cush povson fe not hora on trial. Tharafora, da rot discuss or give any consideration as to why the otter person is noe being peoceented in this trial o¢ wherhor he nas heen or will be prosecuted. your duty Js ta decide whether tho People have pravad the guilt of the dofendant on trial. Evidence that on some torer socesion @ witness mane pore statement or statements that were Lncengistent or consiztent with aie or her testimony in this trial, may be cong ideres by yeu not only for the purpose ef tenting the credibility of the witness Eut alco ez evidences of che Eruth of the faere as stated by the ‘ittness on such Commer occesian. If you diabelicve a wstncus! testimony shot ha ax che ne Langer BL. Tatherine Ingersoll, con Mo. 2443to a 2 a 4 as ae av 18 as Ey ey 2 26 25 26 x 38 renenbers a certain event, sven testineny is Inconsistent with the pelos atetenent or stetenents made by nim af ner dasesibing thas event ‘The next ineuructions deak with the evaluation 2f evidence. Every person whe testifies ender eeth Is @ witness, You are the Bole Judges of the beLlevebitley of witness and the usight ts be given the testimony of ezen witners Ie deterniaing the believabtiiiy of a witeess, you may consider anything that nas a tendaasy in reason to prove or disprove the truthfulness of tne testlreny of the witness, Including bat rot Linfted te any of the following The extant of the aspertanity oF the ability of tha witness to see or hear ce otherviae tecone aveze of any matter about vhich the witness har rostttiad;. The ability of tho witness to renonber ox to commnivate any mabver shout which the witness hae testified; . ‘Tho character and quality of chat ‘Tho deneanar end manner of the 1B. Katherine Ingersoll, CSR wo. 244318 13 20 oa 2 2 as 25 a7 28 1670 witness wale testirying. The existence ox nonexistence of 2 biaa, {ntoreeta or othay motive. nonexistence of any fact testified ta by the sitnase. The attitude of the witness towards thls objection of toward ina giving ef tastinonys ‘A ecatemont previously made by Anconsistent With che vestinoay of che witness. an admission of the withers uncrucnrutness The vdtneas’ prior conviction of a felony. Discrepancies in a witnass’ eestivony are becween Dis and her testimony and that ef uthers, 4¢ there were any, do not neces actly mean that ‘the usitness choald be discredited. Feilure of recollection £5 @ conmon experience and ianceent miszeccllection is not uncapnon. It is a fact, aloo, ehat Evo parsons uitnessing an incident or a leansaction often will see or near it differently. whether © discrepancy B. Kathering qagecse2t, CSR No. 2483(te 1 pertains to a fect of inportance or 2 only 400 trlviel datel? should be 2 soneidered in weighing ita aigificencs. * A ultaase whe se wislevity false 3 An one material pace of his or her 6 tectineny is to be distrusted in ? others. 8 you nay reect, the whole a tastinony of © witness who wLlLfully » hac teztifiod falsoly so to a material u paist untess fron all the evidence you 12 balieve the prebaptiity oc trutn revors 3 his or her eestinony in other uu particalars. bs You are not bound to cecida an 1s inoue of fact da accordance with the ur eectinony of = aunior of vitneszca 8 mich dees nat canvinee you as against 19 the testimony of che Yesser number or 2 other evidence witch eppests to your a ind with more convincing force. 2 You may not disregard the 4 bestimony of the graster nunher of Bn witnesses merely fren caprlce, shin oF 2 prejudice, or feon.a destve to fevor 26 fore sice against the other. a You must not decide an Issue by 28 the simple procees of counting che Le Katherine Ingersotl, CSE wo. 2643a us a5 1s 14 aa 20 a 2 23 24 2 ae a 28 hunbee of witnosaas who have testified on tha opposing siden. The final test 4s not in the relative nunter or witnesses but in the convincing feree of the ovidence. convicted of @ felony, If sien be a fncte may be considazed by you only for the purpose of determining tha believabllity of that witness. the fect of auch conviction dees not necessarily destroy ex lapaly a Witness” peliovabiiity. It ts exe of ‘who clroustances thab you nay teke Ante considevation in welghing the testimony of such a witness, Yeu should Give the uncorechorated testimony of # single witness whatever welant you think tt deaeevee moetiaany by ane witnass which you nelseve concerning ary fact whose testluony about thax fect does not reguize cozzoberatlon, i aufficiant for tha praof of that fact. Kewaver, you should carefully reviee 221 the evidence upon which the poset of such fact dovands., Evidence nas been introduces tor 1613 L. Katherine Ingersoll, ¢3R tle passnh u u as a8 w ua fy 20 a 2 2s a 35 a6 a 28 aera the perpose of showing the defendant committed crimes other than for waich he ts on trial. such evidence, if bolleved, wae not received and aay act be considered hy you to prove hat tho defendant 1s 4 parson of bad character or thet he has a disposition to commit Sach evidence was received anc may be considered by you only for the Limited purpose of dacorining, if it ‘ende to show correboration or lack af corroboration of the statements mace by the defendant te others. For the Linted puepose for which ‘you may censiger such evidence, you ast weigh it in the seme wanner a> you do all other avidenes 4m thie eae. You are not permitted to consider such eeldence for any other purgese Withia the meaning of the preceding instruction euch other crine or erines purportedly committed by tho defendant gust: be proved by @ pueponderence ef sha evidence, You must not conaider auch evidence for any Dorpose unless you are satisfied that the defendant commuted auch other L. Kathering Ingorsol1, CSk wo. peas10 a a a Fry 1 0 Fr a aa 23 2 23 26 uw 28 ceine ex cxtnes. ‘The procecution haz the borden of brovieg Uvese facts by a prepandesance Pf the evidence. Peepandesance of the evidence meant evidences that has nore cowincing foree and the greater probabllicy of truth chan that epposed to tt. Lf the ovidenca is so evenly balanced chat you are unable to tina that the evidence op either side of the jae preporderates your finding on that jews must be against the pasty no hed the burden of proving It You stould consider all the evidence bearing upon overy issue regarciass of una produced 1t. motive Ls oot an element of the crimes chazged and ead not be shawn. However, you aay consider motive or this casa, Presence af motive may tend bo esteblich guilt, Absence of motive nay tend te establish innocence. You WAIL, theretora, give ats presence er absence, es the case ney be, the WeLaAE $0 which you find it te be entitled. ‘tne next instructions deal with acniasiona and eenfessicns. L. Katharine Ingersoll, CSR we. 7643a u a a3 a4 1s 6 n 1 a 2 a a4 a3 2 2 Fry 138 A confession ie a statonent made ky a défendant other than at iz trial An unten ne nas acknowledged ais quite ef the crines te which such defendent fe on trial. Ta eder to conecitute a confession, such a atatenent must acknowledge perticipetion In the extees fe wll ag the required, criminal intent and state of mind an adnigeion is a stevedent nade by the defendent other than at his trial whieh do not by itecit acknosieage mis quilt or te crimes tor which such defendant is on trial but Which ctateneate tend to prove he guile wher coneidared with the ost of tne eviaence. You are the exclusive judges a3 to uhsthor the defendant mde a confession ar. an acniesion and, if 2, whether such stacenent 1s trae im whole or in part. 2 ya chould find the defendant aid rot make the statenant, yas must reject (0, If you {ind chat ir Is crue in whale or in party you nay consider that part to Uhieh you find co be trae Evidence of ar oral confession oz 1. Katliesine Tagersoll, CAR Ne 2483a Ft a as a a8 1 ra a0 a a aa 2 2 26 a” za 168 adutesion o€ @ defendant should be viewsd with caution. Mo person may be thece is some proof of each eleumnt of tho erine independent of ony confession br aemiasion nada by Mm outside of his terial. ‘The identity of the persen who is alleged to have comaitted the eine 5 nor en elenent of the crime nor 1s the deguee of the crime. Such identity ox degree of tho online nay be aetablisned by @ contession or an asmicetan. The next instructions deal with experts and Lay epinion taetinany. A person, i= qualified to teutity 25 on expert Ef he has epecsal Xnowledge, skill, exparience, trefatog or odueation sufficient te qualify hia as an oxpect on the subject to uhich Ms testinory relates. A daly qualified expect may give an opinion en qucetions im conteaversy ac trial. fo assist you in deciding Such questions, yeu may consicer che opinion with the reasons given for it, AE any, by the expert whe gives the epsnt0R, YoH may also consider tao L. Katherine Ingersoll, C88 Ke. 2443a u as Pa w as » 20 a Fy 2 as as ” a8 qualifications and credibility of the expert. You are ask bound to accept an expert opinion ae conclusive but should give to it the weight to which you find dt te he antitted. vou may disregard any sueX opinion if you find 1t to be wnrcesonable. In determining the watght co be ‘aiven ta an opinion expressed by any witness who did not testify es an empert witness, you should coneldar hia or her credibility, the extent of hie be her opportunity to perceive the matters upon which lls ox hex opinion is aged and the reaeene, if aay, givan ror tt. You are not required te accept Buch an opinion but should give it the walght, if any, te whieh yeu find it be ba entitled. In examining an expert witness, counsol aay peepound to hin the type of question know ia the law es a hygotnetical question, ay such 6 question the witness 13 azked bo essume to be tres a cat of tects and te give an opinion sasad on nat aseonst ton. 1597 TL. fatherina Trgarsoll, CSP Wo.1 ery 22 Fey a is 16 Ww 1a 13 20 a1 22 23 24 25 26 2670 In permicting such a question, the court deos not rule end dees not poseesarily find thar all the secured facts have been proved. 11 only Sebermines that those ascuned facts ere Vlukin the probable or persible range Tb is for you, the jucy, te find from all the evidence whether ox not ‘the facta aesuned in a hypothetical ‘auestion bave beon proved TE you should find that eny asounption ia suck a question hae not peer proved, you are to ceternine the effect of that failure ef proof oa the value and welght of the export opinion based on the acewned facte. ‘the nex instructions deal with che Durden ot A defendent in = erinined action is prosuned co ha fancrent anti the contrary 1s proved, and 19 cage of a rcesonable doubt vhather Ale quilt is setiafactozily shows, he ie enticled 29 2 verdict of net guilty. Tis peesunpcion places upon ere copie the burden of proving hin ouilty heyond # reasonable doubt. L. Fetherine Ingersoll, cSR to. 2443a u u n u Fry u as a Ey aa a aa 24 2% 26 178 Roasonable doubt is defined as follows: Tt is not 2 nere possible oabt because everytning relacing to onan effaize and depending upon nocal evidence ia epen te sone porsible of Amaginary deubt. Tt (8 that state of the case whieh, arter che entire conparison and coneideration of 411 the evidence, leaves the minds of the ‘Iucors in that condition that. they cannot say they feel an abiding conviction te 2 naval cortalaty of the ruth of tne enarge Tue burden Ls on the People to Prove beyond a rensenable debt that the defendant 1s the pereon who connitted che cetnee with wasn ne ts charged. Tt, after coneidesieg the circumstances of the idantfleation ane any other evidence in this case, yaa have a veascnable doubt whetiar the defendant wae the poraon who conmiteed the crime, you muxt giva the dofondaat the benecic of chat soast ana rind nin noe guilty. fyoeitnoss testinony haz boon received In this triat for tna purpose 1. Katherine Ingarsoll, CER wo. 2442ao aL 2 2 au as a as . a0 a a 3 uw a 25 a of Identstying the defendant as the perpetrator of the exines charges. Tr determining the weight te be given eyewitness Lents ticetion restinory, yoo should consides the pelievability ef cha cyewitneas as well aa otnor factors which bear upon the accuracy of the witness” 1ewtiftcanton 26 the defendant including but sot Limited 2 any of tho followiags he opportunity of che witness to obsesve the alleged criminal act and the perpetratar of the acts. the stress, If any, to whieh the witness was subjected at che tine of the obsazvaricn;. whe vitness’ ability following the observation to prove -- to provide a description of cha perpetrator of the The extent eo uhich the defendant etther rite or does net fit the description of the perpetrator previously given by the witness. he cross racial a othnic nationality of tna icantteteation Evidence relating ta the witness’ ability ta identify other allege Ly Katherine Ingessoll, CSA No. 2443,18 16 ” 18 3 20 2 a3 a as 26 ” a sa, perpetravors of the crimiaat actions Mosther the wltness as able to identity the alleged perpetrator in photegzaph ar physical Lineup. the period of bine between the alleged criminal aa: and the witness! Adentitieation. Whether the witness nad prior contacts With the alleged perpetcator. ‘ene extent to which cho witness is eluher cercain or uncertain of the identification. Whathes the witness’ Identitteation 1s ia fact the product of iis oF her own recollection, ana any other evicence relating te the witness’ ability te make an idontsfieation. Tho next instructions ceal with cuipapility tor orkues ‘the pezsens concerned In the commission of the oxime who are regarded by law as principals in the cele thus comultted, and equelly gailty thereof, inclade: one, those vino directly and aesively commit the act constituting the erime: or, cso, Shoe who eid or abet the comissson of La Ketherine Ingersoll, ¢OR Mo. 2443ae W a a 13 6 w a6 cry 20 22 23 4 26 28 ree? A pecson aida and abets in the commission of the crine when he or sna, ono, With Knaviedge of tho unlawful purpose of the paxpetrater and, twa, wath the Ineent or gurgese of connitting, encouraging or factisteting ‘the commission of the exima, by act or advice aids, promotes, enesurages or Anstigates the conmission of the crine. The next instruction deals with acconplices. bn accomplice is a person who Le subject to prosecution tor tre Adenticel offense charged in Counts 3 and 1 against the dafondant on teial ay reason of alting and ahecting. A defendent cannot be found guilty kesed upon the testiveny of an accomplien unless such testinoay is corraborates by otnar evidence unick ends to connect such detendent with the compisaion of the oftenae. ‘Testinony or an accorplice Ancludes any evt-or-court statement porportedly mace by on accomplice xeesived faz the purpose of proving thar whet tho accomplica stated was ‘Te corvoborate the sect imony of L, Katherine Cogersoll, CSR No. 2063Fry aa 12 as 1 as a 1 18 20 al Es 23 24 2s 25 a 26 1683 fn asconplice, there must be evidence cf sone act or fact rolated ca the tine which, if believed, by itsetr and without any afd, iotecpeetation, direction gcom the tescinony of the scconplice, tends to connect the defendont vith tha commission of the erime chazgad. However, it is not necessary that the evidence ef correberation be eufficient ir Itself te establish every elonant of the rine changad of that it corroborate every rect co which the aeaonglice testi éled. In doternining whether aa, accomplice nas pean corroborated, you must Clrst assune the cestinony of the aeconplice hae bean zenoved from the case. You met then dasoritine whether there Js any renaining evsaence which tends to connect the defendant with the comniseten of the crima, If there is not such iadapandant, evidence wnich tends te connect the defeadent with the commission of the crina, the testimony of the accomplice As not corroporaces. If thare Ls such independent L. Xathering Ingomotl, CSR No. 24431 a a u Fe uv 1 1 a0 a a u 38 1% 2 sequized fox either the erlaes or the allegations charged. ses evidence which you believe, then the tostinony ef the accomplice ta Merely ascenting wo, aiding oz aecécting in the connizsion of the crime without knowledge of the unlavéal Peron of the perpetrator. and utthowt the intent or purpose ef committing, encouraging or facilitating the commission of the crime ta not esiminel. Thus person wig assents to, oF aide, o: axalete in the Comission of the extaa vithout such Knowledge and without such invent oF purpose, 1s not en accomplice in the enmmission of seeh exi The next instructions deal with the Latent Ta the allegarion personal, uso of a firesrn, allegad ir Counts t and 2 Of the Iofermation, chere must exiet a wniee or a joint operation of act or conduct and tha general, criminal untent.. ‘To constitute general criminal intent, 1¢ is not nesestery that there should oxict an intant te violate the Law. whan & person intentionally dese L. Ketharine Ingersoll, OSR flo. 244, et which the law declares to be = 3 orine, he 1s ecting with general, 3 oraninal antant even though be may aot 4 koow that Als actions ox condast 1s 5 uelaweul. « In each ef the crimes aad 7 allegations charged in Counts 2, 3, and e 4 ef the Inforwation, end the ‘ allegation in Geunt 1 of the ae Intentional inflietten ef death ox a greet Dodtly angury by the ase of # 2 Eizeorm in a aster yahicle ane excent 13 for the allegation of the personal use 4 Of @ firasrm, chore must exist a usien, 18 Joint operation of act ex canuet and te cortain specie intent in the minds of W che perpatratar w Unless such spscitie antent 1s existe, the crine or allegation co 20 which Lt relates Le nat committed. a ‘pie specific intent zaguized is 2 Included tn the coftaktions of the ast crimes ox allegations charged. Fa In the crime charged in count 2, 23 hanely nureer, there met oxiet a union 26 oF o Joint operation of aet or canduet a and g cectain, manta? state in tne 20 minds of the perpetrator. Unloes auch L. Kotherine Iagersali, CSk No. 24431605 mental stata exista, the crime to which Ab relates 19 not cemaittod, The nentel state required is expressed naliee as you'll be further iaatructed. Whe following instructions is he sastrectLans relsting to the crinss. The defendant 1s accused in Count 1 of tna Information of having comutued the crine of mazcer, a violation of Penel code section 187. Bvery person whe walawfully kLtis 4 huten beang with malice aforsthought is guilty of the ezine ot mrdec in violation of section 187 of the Penal im order te prove ach erime, each of the follewiag elenants mast be proved: one, 2 hotan being was killed. Tao, the KITLLog was antaweat, and, three, the killing was done with malice aforethought. Malice nay ba expresasd. Malice Jo express when there is manifested an Antention unlawfully to KILL © human being. When it is shown that a ktlling Hesulted trom intentional daing of an ect with express alles, no other 1b, Katharine Ingarsoll, GSA Ne. 244910 a a a 1 v aw 18 20 au 2a 2 24 as 25 a 26 mantel state need ne chown to establish che mental state of aeiica eforethousht The mental state constituting malice aforsthought dace aot necessarily require any tii-wiil or hatred of the person killed. ‘The word aferothough dese not amply deLiperatien ox the Lapse of eonsiderable time. Tt only means that the requiced montel state mast precede rather than follow tho act. ALL merder which 1s parpetrated by any kind of willful, deliterace sna Proncditated killing with express ailce aroretnoaght is murder of the First degree, The word willfw, ac wosd La this Ansteurtion mean intentional. the word deliberate meaas formed or arrived St oc determined uyon as @ easuit of carstal though: and weighing of considerations for and against the proposed course at action ‘The word prewaditated eans considered beforahand. At yon find the kE1ling wae precedec and accoepany by cioar L. Kathosing Ingarcail, CSR Wo, 2442 eea a u 1s 1 an ae a3 a a a2 as ry as a6 28 ages delibavete intent on the part of the Gotendant te Kill, which wes the xesult ef detineracion and prenaditation 20 Bbet Le aust heve baen fomted apon Pre-existing reflection and net under a sudden heat of passion a other coneition precluding the iden or delibesation, it 1s mudex of the first degres. Tha lav does undertaxe te meacure in units of time the Length of the Porled during which the thought must be Dondered before it ean ripen into intent to Ki2L, wien te try deliberate and greneditated. The Gime WOLL vary with differant individuals and wider varying ctrcorstances The true test Ls net che duraton ef time but rather the extent of the reflection, 4 calé, calculated Juidgent and decision may he arzived

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