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1 THE WITNESS: Good afternoon, ma'am.

2 DIRECT EXAMINATION

3 BY MR. MCCAULEY:

4 Q. Good afternoon. Can you please state your name for the

5 jury?

6 A. Officer Anthony Campanale.

7 Q. And just spell your last name for the court reporter.

8 A. C-a-m-p-a-n-a-l-e.

9 Q. Where do you work?

10 A. Metropolitan Police Department.

11 Q. How long have you been a Metropolitan Police Department

12 officer?

13 A. 19 years.

14 Q. When you first joined MPD, where were you assigned?

15 A. I was originally assigned to the Sixth District, Patrol

16 Unit.

17 Q. And after that?

18 A. After that, I became assigned to the Vice Unit, and then

19 after that, I was promoted to detective, and then finally made

20 it to the Emergency Response Team, where I'm currently assigned.

21 Q. And what is the Emergency Response Team?

22 A. The D.C. SWAT team.

23 Q. Were you working on January 6, 2021?

24 A. Yes.

25 Q. What was your duty that day?


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1 A. I was assigned to an Active Shooter Response Team.

2 Q. And what is an Active Shooter Response Team?

3 A. For major events, the Metropolitan Police Department will

4 assign a Emergency Response Team in different units as an Active

5 Shooter Response Team in the event something like that was to

6 occur.

7 Q. What was your shift that day?

8 A. We started that morning at 6:30 in the morning.

9 Q. And when you started your shift, where did you begin --

10 A. We --

11 Q. -- physically?

12 A. We physically began at the Special Operations Division

13 building, which is located on New York Avenue Northeast.

14 Q. And after the Special Operations Division building, where

15 did you report to?

16 A. We proceeded downtown, in the downtown area.

17 Q. And where did you stage that day?

18 A. Myself and my partner were south of the Capitol that day.

19 That was our assignment area.

20 Q. And was there a time that you were called to the area

21 around the Capitol?

22 A. Yes.

23 Q. And can you say with more specificity where that area

24 around the Capitol was?

25 A. Yes. Originally, we received a suspicious package call or


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1 a bomb threat at the DNC, the Democratic National Committee

2 building on South Capitol Street.

3 Q. Is that also near the Library of Congress?

4 A. Yes.

5 Q. What time did you respond there, approximately?

6 A. Approximately maybe around 9:00 a.m., not 100 percent sure,

7 but definitely early morning.

8 Q. When you arrived in the vicinity of the DNC headquarters

9 and the Library of Congress, what did you observe?

10 A. We observed multiple agencies and bomb techs dealing with a

11 suspicious package. So we just provided outside security for

12 all that.

13 Q. Approximately how long did you remain there, in that

14 location?

15 A. A little over an hour maybe.

16 Q. And what caused you to leave?

17 A. We started receiving radio transmissions across our radio

18 for officers calling 1033, which is MPD police jargon for

19 officer in need of assistance.

20 Q. Officer, are you familiar in your long career with the MPD

21 about officer calls for assistance over the radio?

22 A. Yes.

23 Q. Where does a 1033 rate in terms of that level of assistance

24 needed?

25 A. It's the number 1 priority call when it relates to officers


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1 needing of assistance.

2 Q. When you hear -- generally, when you hear a 1033 over the

3 radio, what are you supposed to do?

4 A. Respond directly to that unit that needs help.

5 Q. And upon hearing these 1033s on January 6, what did you do?

6 A. We were eventually able to respond to the Capitol and

7 assist.

8 Q. How long did that response take?

9 A. It took a little longer than I wanted to. There was talk

10 from the upper management about whether to deploy the Emergency

11 Response Team in that manner just due to other threats that had

12 the potential of happening.

13 Q. And when you were originally responding to the DNC area and

14 the Library of Congress area, what was your attire or outfit

15 that day?

16 A. I was in a uniform. We had our outside vests on and just

17 shirt and uniform pants.

18 Q. And were you armed?

19 A. Armed with my sidearm, yes.

20 Q. Prior to going to the Capitol in response to these 1033s,

21 did you undergo an equipment change?

22 A. Yes.

23 Q. What was that change?

24 A. So we donned our helmets. My particular helmet was

25 equipped with a mandible and eye cover shield that came down.
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1 And I also grabbed certain -- like my 40-millimeter impact

2 weapon and some OC spray, pepper spray.

3 Q. And just for the members of the jury who aren't familiar

4 with helmet terms, does a mandible refer to the portion that

5 covers the jaw?

6 A. Yeah, it protects the face. It's a hard nylon cover that

7 goes over our helmets on the bottom.

8 Q. So in common parlance, it wouldn't look dissimilar from,

9 say, a motorcycle helmet?

10 A. Correct.

11 Q. Upon responding to the Capitol, what, if any, orders did

12 you receive with respect to your responsibilities?

13 A. Once we made it to the Capitol and we proceeded to walk up

14 towards the Capitol, we were met by Commander Glover at the

15 time, and we were given instructions on how to proceed with --

16 there was a set of bleachers that they wanted cleared out that

17 had been taken over at that time.

18 Q. And who is Commander Glover to you?

19 A. Commander Glover at the time was our direct commander of

20 Special Operations Division.

21 Q. Generally speaking, which side of the Capitol were you on?

22 A. I believe we approached initially from the west side of the

23 Capitol off of Pennsylvania Avenue.

24 Q. Did you eventually come to learn the name of the area that

25 you were posted at?


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1 A. Yes. We just refer to it as the West Side Terrace.

2 Q. And I would ask Ms. Rummens to call up Government

3 Exhibit 119 and go to page 2.

4 Officer, the screen in front of you is a touch screen.

5 Would you please draw approximately the route that you took to

6 get to the Capitol that day.

7 A. (Witness complied.)

8 Q. And now, Ms. Rummens, if you could go to page 3.

9 Officer, where did you approximately post that day?

10 A. After we came down the terrace on the west side, we

11 proceeded right in this area approximately, and that's where we

12 were met by Commander Glover at the time.

13 Q. And did there come a time when you continued moving across

14 the terrace?

15 A. Yes.

16 Q. And would you please just continue tracing your route to

17 the point -- until the point you were posted at approximately

18 3:00 p.m.

19 A. So we proceeded up the stairs and helped clear these

20 bleachers out with all the people that were up there, and then

21 we proceeded down the back side of the stairs where we

22 eventually came to a stopping point.

23 Q. Ms. Rummens, could you go to page 5.

24 Officer, can you please indicate on this screen

25 approximately where you were at 3:10 p.m.?


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1 A. Approximately in this area here.

2 Q. And Ms. Rummens, page 6.

3 Officer, are you familiar with this view?

4 A. Yes.

5 Q. Could you just briefly describe for the members of the jury

6 what it is?

7 A. So this is the view from the back side of the bleachers.

8 When we came down those stairs, at the bottom of these stairs,

9 the back side is where we were facing.

10 Q. So this page, can you indicate as best you can where you

11 were standing at 3:10 p.m.?

12 A. (Witness complied.)

13 Q. Officer, in this area at approximately 3:10 p.m., do you

14 recall any interactions you had with persons who were at the

15 Capitol?

16 A. Yes.

17 Q. What were you doing at the time that you saw this person?

18 A. We saw multiple people trying to take down the mesh or

19 nylon type of tarp that was hanging down the back side of the

20 bleachers from underneath.

21 Q. Can you please give a general description of what the

22 person who you had this interaction with looked like?

23 A. It was a white male. He was wearing brownish-colored

24 clothes, I believe some camouflage. That's all I recall.

25 Q. And I would ask now that Government Exhibit 309 be shown,


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1 only to the witness.

2 Officer, do you recognize what's on the screen in front of

3 you?

4 A. Yes.

5 Q. What is it?

6 A. It's a view of my body-worn camera footage.

7 Q. And what is the time stamp at the top?

8 A. 15:12, which would be 3:12 p.m.

9 Q. And have you had the opportunity to review this body-worn

10 camera footage before coming to court today?

11 A. Yes.

12 Q. And does it fairly and accurately depict what occurred in

13 this location at approximately 3:10 p.m. on January 6, 2021?

14 A. Yes.

15 MR. MCCAULEY: The government would move to admit.

16 THE COURT: Any objection?

17 MR. ROOTS: No objections.

18 THE COURT: It's admitted.

19 (Government Exhibit 309 received into evidence.)

20 MR. MCCAULEY: Your Honor, I would ask that it be

21 played.

22 (Video played.)

23 BY MR. MCCAULEY:

24 Q. Officer, at any point during this interaction, did you use

25 force with this person who you had the conversation with?
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1 A. No.

2 Q. Why not?

3 A. There was no need. I attempted to de-escalate the

4 situation with just talking, and that seemed to work.

5 Q. Did you place him under arrest?

6 A. No.

7 Q. Could you have?

8 A. Yes.

9 Q. Why?

10 A. At that time, I could have arrested him for destruction of

11 property for cutting away at the nylon cover.

12 Q. And why didn't you arrest him at this time?

13 A. In those type of situations where it's that large of a

14 crowd and a volatile situation, it's just not safe to do so for

15 our safety and other people's safety there.

16 Q. And I would now ask Ms. Rummens to go to Government

17 Exhibit 504 and jump to time stamp 22:29.

18 Officer, looking at what's been marked as Government

19 Exhibit 504, do you recognize this video?

20 A. Yes.

21 Q. Do you appear in this video?

22 A. Yes.

23 Q. Does it -- based upon your review of your body-worn camera,

24 does this depict the same interaction that you had with the

25 individual underneath these grandstands or bleachers at


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1 approximately 3:12 p.m.?

2 A. Yes.

3 Q. Is there any portion missing from this video?

4 A. Yes.

5 Q. What portion?

6 A. At one point during the video, it stops when I'm telling

7 the individual to put away the knife and to back up.

8 Q. Just to be clear, you reviewed this portion of this video

9 prior to coming to court today; correct?

10 A. Yes.

11 Q. And based upon your review of that video, why is that

12 portion missing?

13 A. It seems to be that someone was trying to conceal that

14 portion of the video of me telling him to put the knife away.

15 Q. Did you see him make any indications with his phone that

16 led you to that conclusion?

17 A. Yes.

18 Q. What was that?

19 A. I could see the individual take the phone and turn it and

20 conceal it, and it looks to be that they stopped recording at

21 that point.

22 Q. And other than that missing portion, does it fairly and

23 accurately reflect your interaction with the individual

24 underneath the grandstands at 3:12 p.m.?

25 A. Yes.
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1 MR. MCCAULEY: Government would move to admit.

2 THE COURT: Any objection?

3 MR. ROOTS: No objections.

4 THE COURT: It's admitted.

5 (Government Exhibit 504 received into evidence.)

6 MR. MCCAULEY: I would ask Ms. Rummens to play it

7 until 25:10.

8 (Video played.)

9 MR. MCCAULEY: Ms. Rummens, can you please go to

10 Government Exhibit 504.1.

11 Excuse me, Your Honor. That is Government Exhibit 309.1.

12 THE COURT: All right. Thank you.

13 MS. MILLER: Ms. Gumiel, we've been marking -- on the

14 exhibit list, it's X, but for the purposes of the file names,

15 it's 0.1. Sorry about that.

16 BY MR. MCCAULEY:

17 Q. Officer, do you recognize what's been marked as

18 Government's 309.1?

19 A. Yes.

20 Q. What is it?

21 A. It's a side-by-side comparison of my video from the

22 body-worn camera footage and the video from the recording.

23 Q. And does this video include closed captioning?

24 A. Yes.

25 Q. Based upon your review of these two videos, is that closed


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1 captioning accurate?

2 A. Yes.

3 Q. Does it fairly and accurately depict the interaction --

4 does this video fairly and accurately depict the interaction

5 that you had with this individual around 3:12 p.m.?

6 A. Yes.

7 MR. MCCAULEY: Your Honor, I would move to enter into

8 evidence 309.1.

9 THE COURT: Any objection?

10 MR. ROOTS: No objection.

11 THE COURT: It's admitted.

12 (Government Exhibit 309.1 received into evidence.)

13 MR. MCCAULEY: And I ask that it be played.

14 (Video played.)

15 MR. MCCAULEY: Pass the witness.

16 THE COURT: All right. Cross-examination?

17 CROSS-EXAMINATION

18 BY MR. ROOTS:

19 Q. Thank you for coming here today, Officer Campanale. My

20 name is Roger Roots. I represent Mr. Joseph Thomas over here,

21 along with fellow attorney John Pierce.

22 Okay. I would like to bring up -- well, let's go to that

23 same exhibit that was just played, the two-window, if you could.

24 I think that was 309.1, perhaps. Two windows, two screens.

25 MR. MCCAULEY: 309.1.


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1 MR. ROOTS: If we could play that just a little bit.

2 (Video played.)

3 BY MR. ROOTS:

4 Q. You can stop right there.

5 Now, you testified that you had this exchange with the man,

6 I guess for lack of a better word I will use protestor, the

7 protestor the farthest to the right in the image there.

8 Would you circle him, if you could.

9 A. (Witness complied.)

10 Q. Would you agree that appears to be the defendant,

11 Mr. Thomas?

12 A. Yes.

13 Q. Would you stand up?

14 Does that look like the man that you had that interaction

15 with?

16 A. Yes, sir.

17 Q. If you would look in this image of the torn tarp, look up

18 high at the top where the cut line is.

19 You would agree that's beyond the reach of that gentleman

20 there in the center?

21 MR. MCCAULEY: Objection.

22 THE COURT: Overruled.

23 BY MR. ROOTS:

24 Q. Would you agree that's beyond his reach?

25 A. No, sir.
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1 Q. He could reach up there and cut that?

2 A. It appears so, yes, sir.

3 Q. Or Mr. Thomas could reach up there and cut that high?

4 A. Yes, sir.

5 Q. You said you had this interaction and you could have

6 arrested Mr. Thomas, and you said for property damage.

7 Do you recall that?

8 A. Yes, sir.

9 Q. Did you actually see him damage any property?

10 A. Not initially, no, sir.

11 Q. And nothing in this video shows him damaging property, does

12 it?

13 A. That's correct, sir.

14 Q. In this video, he's not shown cutting the tarp?

15 A. That's correct, sir.

16 Q. But you say you could have arrested him. Would you have

17 had probable cause to make that arrest?

18 MR. MCCAULEY: Objection.

19 THE COURT: Overruled.

20 THE WITNESS: In videos prior, sir, there are videos

21 of individuals cutting away at the tarp area, not necessarily my

22 video, but as we were approaching that area, that was what drew

23 our attention to come down there to begin with.

24 BY MR. ROOTS:

25 Q. But you had -- you didn't see Mr. Thomas cut the tarp, did
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1 you?

2 A. Not particularly, not him directly, sir.

3 Q. You did show an image, it looked like he had a knife in his

4 hand.

5 Do you recall that?

6 A. There was an image shown, yes, sir.

7 Q. Did you see that someone else handed him that knife?

8 A. There was some interaction between him and a gentleman

9 behind him, but I didn't see exactly what was going on.

10 Q. Did you see that he handed that knife back to that

11 individual?

12 A. No, sir.

13 Q. But you say you could have made an arrest for property

14 destruction. Does that mean with the evidence we have here in

15 front of us?

16 A. No; with just that video, no, sir.

17 Q. You would need probable cause to make an arrest, wouldn't

18 you?

19 A. Yes, sir.

20 Q. And you just testified you didn't see Mr. Thomas cut the

21 tarp?

22 A. In this video, no, sir.

23 Q. But again, you did see it yourself?

24 A. I just saw people cutting away at the tarp at the

25 beginning, yes, sir.


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1 Q. Now, you mentioned that you thought there was missing video

2 or something and that someone -- it looked like someone was

3 trying to conceal.

4 Do you recall that?

5 A. Yes, sir.

6 Q. With the suggestion that maybe Mr. Thomas was trying to

7 conceal something?

8 A. It appears the video cut off when I approached him about

9 the knife.

10 Q. I would like to pull up Defense Exhibit 236, and I would

11 like to play it from the beginning. Actually, just to get it

12 authenticated, we will play it for a second or two if you want

13 to look at this.

14 Do you recognize this as the same tarp area?

15 A. A portion of it, sir, yes.

16 Q. Do you recognize these fellow officers in this image?

17 A. No, sir. Just Commander Glover, I believe, is to the left

18 of the video. I don't recognize the other officers.

19 Q. But this is a fair and accurate depiction of the scene at

20 that time --

21 A. I would say so.

22 Q. -- around that time.

23 I would like to move for the admission of this.

24 THE COURT: Any objection?

25 MR. MCCAULEY: Your Honor, this video -- can we --


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1 (Bench conference.)

2 THE COURT: Mr. McCauley?

3 MR. MCCAULEY: This video appears to be 2 hours and 30

4 minutes long.

5 THE COURT: Mr. Roots?

6 MR. ROOTS: We're only playing two minutes of it.

7 THE COURT: You just moved to admit the entire

8 exhibit.

9 MR. ROOTS: We'll move just to admit the first two and

10 a half minutes.

11 THE COURT: Is that only the period of time that

12 involves this officer?

13 MR. ROOTS: It's the period of time most relevant to

14 his testimony.

15 MR. MCCAULEY: Does this witness appear in this video,

16 Mr. Roots?

17 MR. ROOTS: Yes, he does.

18 THE COURT: In the two minutes?

19 MR. ROOTS: Yes, in the first two minutes.

20 THE COURT: Mr. McCauley, any objection to playing the

21 first two minutes?

22 And Mr. Roots, you're going to have to find a way to

23 shorten this exhibit before it goes to the jury.

24 MR. MCCAULEY: Your Honor, I would ask, in terms of

25 foundation, this witness at least be shown himself prior to


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1 testifying as to its authenticity.

2 THE COURT: I think he just said this fairly and

3 accurately represented what he saw that day.

4 MR. MCCAULEY: He said -- my recollection is that he

5 said that it depicted the scene around him. Insofar as this

6 officer is going to move -- this is not his body-worn camera.

7 THE COURT: Let's clarify, Mr. Roots.

8 The problem, of course, is he probably needs to see the

9 video to answer the question you want him to answer. So do we

10 need to excuse the jury briefly?

11 We need a break probably anyway now. So why don't we take

12 a ten-minute break right now.

13 MR. ROOTS: I would actually like to make this point.

14 He's right in this --

15 THE COURT: Mr. Roots, the government doesn't appear

16 to know that.

17 MS. MILLER: If we could fast forward to where we see

18 him and that's within the first two and a half minutes --

19 THE COURT: And not publish it to the jury? All

20 right. Let's do that.

21 And then assuming he's in the scene, then you have no

22 objection to him admitting the video; correct?

23 MS. MILLER: (Nodded head.)

24 THE COURT: Okay.

25 (End of bench conference.)


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1 BY MR. ROOTS:

2 Q. Officer Campanale, do you see yourself in this?

3 A. No, sir, I don't.

4 Q. If we could roll just a little bit more of this.

5 THE COURT: This is not being published to the jury

6 now; correct?

7 COURTROOM DEPUTY: No, Your Honor.

8 THE COURT: All right.

9 (Video played.)

10 BY MR. ROOTS:

11 Q. Do you see yourself anywhere in this video?

12 A. No, sir.

13 Q. This accurately depicts the area that we're talking about?

14 MR. MCCAULEY: Objection.

15 THE COURT: Overruled, but that's not going to be

16 sufficient.

17 BY MR. ROOTS:

18 Q. Do you see that officer there in the center of the screen

19 right there?

20 A. Yes. That's me, sir.

21 Q. That is you?

22 A. Yes, sir.

23 Q. Okay. Does this accurately depict, then, what you were

24 doing at that time?

25 A. Yes, sir.
133

1 MR. ROOTS: I'd like to move for the introduction of

2 this video.

3 THE COURT: Any objection?

4 MR. MCCAULEY: No objection.

5 THE COURT: The video is admitted.

6 (Defense Exhibit 236 received into evidence.)

7 MR. ROOTS: And I would like to publish this for the

8 jury, and I'd like to play it from the beginning, just two

9 minutes of it.

10 (Video played.)

11 BY MR. ROOTS:

12 Q. You saw that cutout area in that tarp area just now?

13 Back up just a little bit.

14 Do you see that where the tarp appears to have been cut?

15 A. Yes, sir.

16 Q. That's not the area we're talking about, is it?

17 A. No, sir.

18 Q. Okay. Let's keep rolling.

19 (Video played.)

20 BY MR. ROOTS:

21 Q. Okay. Do you see that officer there in the center of the

22 screen?

23 A. Yes, sir.

24 Q. Does it look like he's cutting the tarp?

25 A. Yes.
134

1 Q. Let's keep rolling.

2 (Video played.)

3 BY MR. ROOTS:

4 Q. Let me stop here. Would you have probable cause to arrest

5 that officer for property destruction?

6 A. No, sir.

7 Q. No?

8 A. No.

9 Q. And why not?

10 A. One, that's me. And two, I wasn't doing it for the

11 destruction of property purposes.

12 Q. You agree you're destroying property?

13 A. Yes.

14 Q. Let's keep rolling.

15 (Video playing.)

16 BY MR. ROOTS:

17 Q. You agree you're pointing a weapon into an enclosed area

18 there?

19 A. Yes.

20 Q. And is that you cutting that tarp?

21 A. Yes, sir.

22 Q. You testified that Mr. Thomas cut the tarp?

23 A. No, sir. I said initially there were people cutting the

24 tarp when we came down the stairs, which is what drew our

25 attention down there. If you saw at the beginning of the video,


135

1 there had been people who had already cut away at the tarp.

2 Q. But you don't see Mr. Thomas cutting away at the tarp?

3 A. As I stated before, no, sir.

4 Q. And in fact, the tarp is being cut, and it folds back in

5 towards the officers; is that correct?

6 A. It folds outwards.

7 Q. If people had been cutting it from the inside, wouldn't it

8 be more likely to fall inside?

9 A. I don't know, sir.

10 MR. MCCAULEY: Objection.

11 BY MR. ROOTS:

12 Q. And you agree that it's being cut at a cut line that is

13 above the protestors but at about chest level of the officers?

14 A. Not above the --

15 THE COURT: I'm sorry. I couldn't hear that answer.

16 THE WITNESS: Sorry. Could you repeat the question

17 again?

18 BY MR. ROOTS:

19 Q. You agree that it's being cut at a cut line that would be

20 above where the protestors were but at about chest level of the

21 officers?

22 A. Underneath there, there were people higher and lower. So

23 I'm not sure where the chest level of each protestor would be

24 at.

25 Q. And does it look like there are even that many protestors
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1 in there at this time?

2 A. The tarp is blocking the view. There were a good amount of

3 people underneath of there.

4 Q. Protestors came up to peer out after officers cut the tarp;

5 correct?

6 A. There were protestors prior to our arrival down below

7 there, which is what drew our attention down there and what also

8 we were directed towards that area.

9 Q. So you and other officers cut that tarp, inviting

10 protestors on the inside to come farther up and look?

11 A. Correct, sir.

12 Q. And you aimed, it looked like, a weapon. Was that a

13 less-than-lethal weapon?

14 A. That's the 40-millimeter impact weapon I referred to

15 earlier. Less-lethal weapon, yes, sir.

16 Q. And is your training to shoot such a weapon in closed

17 areas?

18 A. Yes, sir.

19 Q. It is?

20 A. Yes, sir.

21 Q. You agree that you're cutting tarp in this video but

22 Mr. Thomas is not?

23 A. This video shows me cutting a portion of the tarp, yes,

24 sir.

25 MR. ROOTS: Court's indulgence.


137

1 No further questions. Thank you, Officer.

2 MR. MCCAULEY: Your Honor, I only have three

3 questions.

4 THE COURT: Go ahead. And we will take a break after

5 this, ladies and gentlemen.

6 REDIRECT EXAMINATION

7 MR. MCCAULEY: If I could have the previous defense

8 exhibit back up on the screen at approximately the 15-second

9 mark or 30-second mark. Play it a little bit.

10 (Video played.)

11 MR. MCCAULEY: And pause, please.

12 BY MR. MCCAULEY:

13 Q. Officer, this is you; correct?

14 A. Yes.

15 Q. And would you agree with me that this is a different area

16 from where you had the 3:12 interaction?

17 A. Yes.

18 Q. And you didn't cut that tarp?

19 A. Correct.

20 Q. Officer, why are you cutting the tarp?

21 A. So we could see underneath the bleachers for the crowd of

22 people that was under there.

23 Q. In an environment such as this, does a crowd of people

24 being obscured by a tarp present a safety threat?

25 A. Yes.
138

1 Q. And that's to you?

2 A. Yes.

3 Q. Fellow officers?

4 A. Yes.

5 Q. And the public?

6 A. Correct.

7 Q. And just very quickly, it's somewhat difficult to see at

8 this angle, but can you mark where the 3:12 interaction was

9 approximately?

10 A. Further down this way.

11 MR. MCCAULEY: Nothing further.

12 THE COURT: All right. May this witness be excused?

13 MR. MCCAULEY: He may, Your Honor.

14 MR. ROOTS: I'd like to ask one follow-up, one

15 recross.

16 THE COURT: All right. One.

17 RECROSS-EXAMINATION

18 BY MR. ROOTS:

19 Q. You agree that in this scene the tarp is almost completely

20 intact except for cops cutting the tarp? Would you agree?

21 A. No, sir.

22 Q. You would not agree?

23 A. No, sir.

24 Q. Pointing to that area where you said the reaction, the 3:12

25 reaction or whatever, that's fully intact over there, isn't it?


139

1 A. I can't tell from this angle, sir. It's not in view of the

2 camera.

3 Q. But the --

4 THE COURT: Mr. Roots, this is more than one.

5 MR. ROOTS: All right. One last question.

6 BY MR. ROOTS:

7 Q. The cut over there at the 3:12 mark is consistent with the

8 type of cutting you're doing right here at this location;

9 correct?

10 A. It's a cut, sir. I'm not sure if it's similar to my cut

11 or -- I don't have any way of determining that.

12 Q. Is it your training to accuse people of doing the things

13 that you and other officers --

14 MR. MCCAULEY: Objection.

15 THE COURT: Sustained.

16 This witness, can he be excused now, Mr. Roots?

17 MR. ROOTS: Yes.

18 THE COURT: All right. Thank you, Officer.

19 THE WITNESS: Thank you, ma'am.

20 THE COURT: All right, ladies and gentlemen. We will

21 take a brief recess and come back at 2:30 sharp.

22 (Jury exited courtroom.)

23 THE COURT: All right. Who is the government's next

24 witness?

25 MR. MCCAULEY: Detective Rodney Anderson.

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