COURT OF APPEAL OF THE STATE OF CALIFORNIA | SECOND APPELLATE DISTRICT five TOPE OF THE SONTE OF CALIzORIZA, saurreneraee, | ws } sremaron coue COLIN NEAL aNDrECH, 37 OME ep at He DEFENDANE-APPELLANT, 7 ¢ LQ APPEAL PROM THE SUPERTOR COURT OF TAS ANGELES COUNTY HONORABLE ROBERT A. DUNES, JUDGE PRESIDING REPORTERG! TRANSCRIPD ON APPEAL APPEARANCES | FOR FATNIIET-RESFONDENT: DANIEL E. LUNGREN STATE ATTORNEY GENERAL 300 cour: erRine GrReeT BORNE TONER, SurTE. 5001 HOS ANGELES, CALIFORNIA 90013 REPORTED BY: Le, KATHERINE INGERGOL, GOR nO. 2443 Log angzies SUPERTaR COURT PONCKA. ERGY Drew rar 400 CIVIC CentER PLAZA, D=PARTMEND PowokA, GaLtFoRNIA i766 PHOXE ANO FAX NO?) (909) 626-3081 paces _/@ 97 cuncucn _/77/ voume {2 ce _/4 vonumesu Fry a Lb 1s y re 20 a za Ey 25 a 24 [> SUPERIOR COURT OF THE srATE OP CALEFORIIA FOR THE COUNT? OF Los anGetes DEPARTMENT EAGT *R® WOMORABLE ROBERT A. DUXES, JUDGE (HE POPLE oF we suATE OF CAUTPORIIA, ) viatwrire | | sepertor couse ve. | BEER COLEN NEAL 2NDITON, sh q oun mia, aND2e ed rca SE REPORTERS TEANSCRIPS OF DAILY PROCEEDKNGE WEONESDAY, WAY 29, "1933 WoL 12 Pages 1698 through 1771, aeetusive APPEARANCES: For the PEOPLE: GIL GARCEPEI, oLsearcr ATTORNEY By: MS. neaia ANeRaR, ‘Bepacy a0¢ civic CeNTER PLAZAY Roo $02 POMONA, CaLinoRtza “3136 (808) 20-3350 Por DEFENDANY: MILGUR F. Lermuerrety Pusnre SereuaeR By: WG. ALAN ABAgTAM, DeeuTY 435 west AIssron Gthete, SUPTE 20) POMONA, cAiLTPORNEN SITAE (909)"é20-3307 REFORTED BY: L, SAIWERINE TWGERSO=L, CSR TO. 2443 cistcie? court sepercee | Leslingeves Sizatto Shure ED | sicaiele Chute Server Placa retinas Sheen cane, AEP cludes dees . Bonann, CaLiésinte 94766 mar 201983, Phone/Fex (909) 620-3081 CURE ont ORIGINAL |a a2 u as a 46 a 36 as 20 a 22 aa aa 25 26 ey 159: Powoun, CALIFORNIA, WEDNEGDAT, MAY 19, 1993 DEPASINENT FAST R HOW. ROBERT A. DUKES, sLDGE 10:45 A.M. sessrow APPEARRNCES! Ay heretofare noted.) (. Eathenine Ingersoll, CSR NO. 2443, Official Reportar) TEE couRT: ALA juror, both eltecnates are prasent as are coungel and the defenmant. Mo. Ancker, People may make their cunsation and opening argunent. MS. ANCKER: Thank you vary mach, Your Monon. Sood morning, everyone. (the jury responded.) OPENING stonmNEsoN BY MS. mcxen: Over the lest several days, you've heard an Swim] Jot of textinony. 7 ballere that when you go beck into ‘the Jury room and deilberata, you will dstermine that the evidence sugports Celin meal arditon is a car thief. Me's @ barglar. Ha‘s a Lier, e's @ punk and he's amutderer. wo 4s not, nowaver, a gang member. Bab we know, based on tha ovidense, the Witasesas that rectified bofore yeu aad the eapes thet you've heard, thar he's fascinated with the gang culture. Hee intorested. Ae nes friends uno are hardened yang members, He Saks en the tepes about the movie COFIR. He eings the song fron it. Hig imagination Je piqued. tis interests are aroused, ang Ne got involved with ¢one gong Bs U. Katherine Ingersoll, CSR No. 2443a B 4 1s 46 ae w 20 a 2 aa cry 2s as a 2 menbove and committed 4 gurder, Bask in the summer of 19@0, an tadividual feo the [2th strest gang by the anne of “sherioce* was shot’ and willed by Cherryville. Luis oetis wae ciends with "Sherlock". They had grown up together. rule told you chat. In fact, Lule had dated “Sherlock's” sitar. In October of 1999, Colta and Werk Anditen wera over at Puddingstone Fark. They get in an argument with sone 13th Streck gang menbexs. we don’t know wha those nexbare Were, Dut wa know thoy set in an argument. We knw that Solin end Neel, propamy lost. They were embarrassed, hentlieted and they ware angry. In the ently morning hours et ostonas Sth, Larry Cabters, Liis Ortiz and Colin Anditen went and stoted a xed Hyndat from a parking space in the Phen’s apartment complex in Fonona, very Close to the La Varna city border, Actor thoy had etolen thie car, they went ont partying. they most Likely got staned. AC sone point Later that mornlag, they went ever ke Glendora to Larcy Cabrara’s motner’s house and did cone Toundey. Thay went back to als Ortiz’ house ane got stoned agesa. ‘They probably sat around in the yarage Listening co mupic, talked about thetx enomler, Life on the atreets and how Uuis wanted to get Inca the gang. Renenbex, Lats told you that just one month later in wovanker of 1990 ke war junped inte Cherryville. Sometime after cour o'cleck on Ostobex Sth 1990, saery Cabrera got in that red cer and went eat. Maybe ho U. Katherine Ingeeseil, CSA No, 24436 " a 1s za a as Fy 25 a6 26 —— wont OUL to get anether dent pulley. Maybe ne went down to 22tK Street neighvornood to some cut some victins for wits te shoct as on Initiation crime. In any case, ve nek thot Letty Cabrera saw Nando Ortis and Danny Hurtado daw 4 Washington park ‘You have several maps 1 evidence, You can ace where Washington Pack 1s Lecated. be Lacry vac by hinasif. we couldn't do anything at tne tine. He sew cnemles of mis, canny war about te bo Jumped inte 12th Street. Nendo ortiz was already a 12th Street gang nanber. We kacw that fram the testiwcny of Dexter Cole. tarry coulantt @rive and choot at the sane fine. Me didn't even have ¢ gun en Aim, 89 he vent pack to Luis‘ hougs and he got zoinforeerents. He picked up the defendant. we picked up Leis and the three of thom vent hack te Grand Avonue with the intent to kil. fore leaving Ils! house, tha defendant loaded @ SIN-ShOt punp action i2-gauge gun. The defendant had four shougun shells, te believes, sn stone conditiea. He pat four ckelis in the gun. one of those shells railed underneath tha | wasnieg machine st Inte’ house. Tk way lever found by the cetectives whom they were doing a probation search at tuis’ rouse, ‘he detendent put socks an nis nend when he Aoaned to gun bacaues he's experienced eneush to know chet ‘ben you shoct a gun Like that the pumping actien will oxpel E. Rathozine Ingersoll, aR Ne. 2443at a a a a3 a ” 18 » 20 ce a 2 2s 2 36 aoa She shell and Lt is Likely te be left at the scene. Ke Glda't want to Leeve the Fingerprints at the acone of the Murder. ‘There wore ao prints recavered tron the shall found at the murder or the snel1 found in the cer, ‘The tele drove doun ts 22th Strosk territory, leaded the gun, Intended to KiL1 the victims that Lacy Caprara nad jost acca, ‘They cruised by Sharkey‘e Pazk, which is on Grand Avenus. You'll also see that en tho map and they Continued past Gazey Avenue toward Washington Park, tha Last. Known locatson of Danny Maétado and Mande Ortiz. They saw Danny and Mando walking westbound oa Geand Avonu just poot Gibbe, and you heve court EXNIDIE Ma. 5 ta shew you the intersection, ‘they sav the boys walking oa the soutn side oF tne street and they pasead ky thon hesause the tzic was eeottound on Grand. Taegine the defendant's excitancet! He’s got loaded shotgun. He's veady to voll ty prove hiuself. 4a sees the tua victims uslking along, He grabs the gun aad he's ready to shoot wher ne‘s ssven Saat away from then, bet theve’s a huge moving ven in the way. there's several trees. ‘There 2 deop Chevohee perked In tne driveway. He vas not able to get off a cheer ahet antil the dziver of tha: saz pulled around the corner and skidded to a etap right hese a0 indicated by Steven Ybarca. The defendant shot thet gun thrae tines. ALl of the witnesses neara three shots and thers was cvidence supporting that three shots were tired. 1, katherine Ingersell, COR Ne. 2443as 24 25 a 28 anes Denny Hurtado was hit by to pellets from cnet ‘shotgun; sne in the back of the head, ono in the back of the shoulder. He Tall on the sisovalic where Offieer Pronk versio decerthed to you. hefore shocting, Luis Grtiz yelled "cherryvitie, motherfucker". Aig adrenaline was pumping. fle wanted to Ampzess 11s gang ané ne told yeu hinself ££ ne had boon Anvolved In 2 detve-by shovting he would yell the name of the geng. It is important for the gang status. Ronanber Cais’ mental state. ie wante te become 3 gang member. Ma tn tact became a gang kemhar very shortly efter this murder. Nando Ortiz fortunately was quick enough to ren and drive behind a moving van. Ha cecapad injury. He cate fond told you abour whac Ne had sean. ona shooting Fook place a% aporosimately 4243, Fron Une carne: of Grand and Gibbs, the uric of Laery Cobrere, lais ortiz and the defendant went to the detandant's house in South Peaons. Yor have an address or 540 Keiph Court that is alsa on the weps. Tt will be 1m evidence. Tey vent to the sefendant’a house to deep off the shotgun. After all, it wes his, and to change theiz clothes because they exe Bright ‘enough to realize Larry Cabrore (2 certainly experienced to now that you don’t vant to go driving arcund Fenone artar yeu just coonitted ¢ murder weaziag the sene clothes carrying 2 gen, The defendant cook off Ais blue Pendleton. One Sf the other gentlonen prt ane beige Pandlezon. They got |. Katherine Ingersokl, CSR No. 264240 a2 a3 4 as 16 wu 1s 13 20 a 2 2 25 26 2 26 beck in tha car. They dreve up ta Biwood. vhey dumped the car at epproximataly 5710 p.m. Gladys Troxer sav the car deive ap and sow these men got out of it. They walked aver to [wts’ house. Wa know there {6 a way to walk between Elwoce and Luis’ house on Douglas, that is probably a quarter mile, maybe a little lose. Shosely after they got back eo Iais* mouse, Gabriel Plozes dropped by. Gabriel mentioned shot he caw a bunch of police 6fficars ever on Eluead and tho three Limediately Koew chat the police nad found the cox thay wesd In the deive-by. Young boys Heing young heys, they were eager to 1 Aook. Renenber tnat ald saying? You always zeturn to the seene of the xine. Thoy wanted to etand in the wings and watch the police struggle and ponder ever the location of this car. They wanted to find out LF the pelice nad yer discovered that, the cay was used Lo @ murder ox whether the police nad merely diccovored that 1s wae atelen, here's no dlepats in thia cace, the Xilling of Donny Aurtado was fLrsc degres murder. re was planned. 18 wos carsied out. Danny wes a gen wenber or about to become a gang sonbor, and ho wae illed because of that affiliation. There is ao diepate thst tho attompt narder oF the stacting of Mando Ortiz was an attengt murder, auliers cane very close to hia. His Life wes only saved because ne E. Xatherine Ingersoll, ck Ne. 2443pitts moved quickly enough to get beliind the van, He wes alse a 2} arritiated with the gaag and that's shy he wes shot at. 3 Tere 1s a9 cispute in this case that a Chorryrilie Ls in fact a criminal street gaeg. You heard testinony irom Dexter Cole, and the cour: tock justelal notice of three canes involving Edvard Corralejo and 2 murder he committed on september 16, 1968; eter Mertince and « narder ho committed ox Februasy 13th 1980; and Anthony Hora 9] and = 216 shooting at an inhabited dwelling that he comittet 10 | on vecemmer 17th 1990. that infamnation eaticfica the 11] requirements that cherryriiie 1s @ gang. You have a jury 12) instruction describing that and you nave the evidence 33} marching that. That question is not Ln dispute. a The question Invelving Counts 3 and-4 that © 25 | bucgiary ocewered over at the L.A. County Fair iavolviag son 26 | leather jackers 1s also not in dtepaze. aw hat bosth that We. Exmanay described to you 13 aa | a structure and msvehes the coflaition of a building under 29,| the Fenal Code descraping norgiary. Ltene wae tsken fron 20 | that booth wichout pexmigsion. thet ts a burglary. a ‘The only Guesticn involving counts 3 and 4 1s 22 | vno actually wont inte the bullding. 23 Jerry sarker told yoo that it was the 24) defendant, ‘The defendant told Michael Standon that tt was 35) the defendant. The defendant now claina that he didn’: 26 | actually go in. Ko dosen't went you ta thin that he's es 27) soyiisticated as te is, bat in any care, if ne vas merely a 28 | Look-eut, he was aiding and abetting La that burglary by i. Matherane Ingessall, CSR Ho. 24432 a ae a 1 u a6 26 a1 2 aa 24 25 26 a 26 10s watching out for the police, ‘Thene‘e ne dispute thet here guilty on Ceuta 3 and 4. ‘The fecuned question that yex have before you, that you wII1 be deciaing 4m the delinozation room is tas Adeatity of the people in that. red Hyandai. ‘The defendant confesses aut once, not twice put ‘tnree tines to Michaol Standen that ii wer film én the red Hyundel, thet it was hia that etoled tho ear, dt vas hin that fived the shoe. low he wants you to nalleve that he nade it wp: that he got the facts and the details zon Larry cabrera from to. newspaper article he supposedly read the next oratng. But, ladies and gentienen, please don’t leave your commen sonsa in the courtveon er ia the hallway when you Ge back into the deliberation room, ‘The detail and the depth Ath which he descrines that shooting are inconeietant with ‘cong information fron soneons. He cescrines where it happoned. Mow the dafense attorney 1s going to make @ tig eal about the fact that ke deceribes a ceraer that supposediy is right next to sherkey's Park ar one block east thozesf. The shooting actually task place Uirse blocke east of Sharkay's Park. You'll bo able to locate that on the maps An evidence, However, corsiday that the defendant in Geath Fonona ix about as far away as sais ortiz lived in the northwest side of Fonooa. Ko wat stoned when tha shooting scmurred. ie sertalnly vas all right, bat ne wasn’t in complete cantrel of L. Katherine Iagezsoll, CSA No. 2443a0 n 2 aa au a 16 n ae 1» 20 a a 2 4 25 a7 2 his faculties. Mis adrenaline 19 punping. He's looking for Soncons te KIL. sfe'e got a loaded gun in his hand. hoy deove by Skarkey'9 Park, which is winet ke fells ichael Stanton. they contiane te drive for approximately two and half blacks, He cosan’t precisely say that to Michaod Standen, but you have the transcripts. you have tha tapes. Listen co the daseription. Tt is not inconsistent with the locatien of the shooting. He alao cesccihes precisely the injaries that wa Know Danny Huztedo auffexed. We heard f¥on'the doctor, You have autopsy photographs showing those tejuries and their locations. ‘the defondent describes the saus injury and the sano Leation. He. dosceibes stuff flying out of Danny's head whon be waa NU, we know cnet Danry biod a Lot from this wound besed on the testimony of the doctor. The defondont describes Danny ratiseg fervard whon he was At. We knew baeed on the testimony of the Goctor that Danny fell forward onto hia Egce, That’e how he oe the Laceraclons on nis face, which yen‘ll be able te c0s on the photograph. Tine and tine and detafl and detail ver ana over again the defendant recites in those tapes. Phose Setails are consistent with the facts we've hoard, Me seya to Michael scandon that na shot four kimes and Shot the fourth shot missed because he belleved ne Bob four butlers 1m the gua, because he had four bullets or @ shotgun shell. He focyot that he inst one at them unite 1. Katharine Ingersoll, cok We. 2463pt londing the gun -~ enpeylag the gun pefere ne shat four times actually enly shooting chuee times. Yew alse have the newspaper acticle that ne zead ia evidence. Road that articia. Reviaw your notes about whet tho defendant cleins Lerzy told nim. All of the facts fhe Imews about tho ahcoting aza not contained in that newspaper aetiele nor aro they contained in the information he claims Larry told tin. We vag thera. He partictpascd and 9| ne killed Danny Mucteda, 0 Nou let's back up fron the specitie details of aa} the murdar cor & aimte’ 2 There’s @ jnry instruction that the court hes 43] road to you about cradibitity of witnesses and determining Af) their baltevabLlity. It Lo your Job to detecnine wher te 35 | erutn ond wnar te fiction, Who'e kellevable and wio's 36) tying. there 1s & List of factors to coneidex whoa you are 37) making thle determination, ‘Those fectora sneinee tho 1B | character and quality of a witness’ +e a Now, venotber, thst che defendant testified in 20) this cose; therefore, ne 1s a witness, the demvanor and 21) mannor of the vitness white testifying; une attitude of che 28 | utenass, his admiseion of untmuthtulness and the witness’ 23| srior conviction ot a» felony. 24 Mow what else do we know about Colin Anditon? as We knew that he told Michael Standen an avfat 26 | lot of thinge in those two, cue gnd a half hows o: tapes 37] chat you have In evidence. He claimed to be responsible for s- #8] many, many, crimes. 42 18 responsible for many, many, Katherine Ingersoll, C&R No. 244310 2 13 u 16 a 1a 1 20 ry 2 33 2 23 36 a 20 176 crimes, and we knw that becausa he pled guilty to anveral of eben. Ho admitted te you cn the stand that he’s atalen sone tnirty te fifty care in hia Lifstine. ie deseribes Several of tose avents to Michael Standon on she taps and they are true. He aduitted to you that the detail that ne talte Michael Stanon about ths 2802, the car he stoled in June of 1991, the car for wnien he ounad up, ineazcesated again, wan stolen. He told wichael Standon yhere it wes atolen, Ke was chased by the.pelice by’scie tour cop cars and helicopter. He Datled out im a parking let of the parking centez, He Jumped a walt, clinbea ovar 4 Eence and some elvitians Stoppsd. le got aney from the civiliens. a continued to fun, @linmbed another wall ard was eventually stopged at. qanpeint by the police. He adnitted all of that 1s truc. te pled guilty co berng In receipr of stalen property for that offense. He told Michael Standen about ue chert of 3 white pickup Erock which got him axvested out ia Benning. ae described ¢ chase once again ‘avolving a helicopter and he adnitted te you that all of that te true. He pled guilty to that offense out ia Riverside County balng in recetpt of stolen prepercy. Ke told Michael stander about the red Wyundei, which was used in the cage. Although he never aanitted it to the Eelice, ke admitted te Michsel Standen that he ead Luis hed stolen that en; the cireunstances around which ha steied that cor, he + Kathesine rngersoll, COR na. 24530 a 2 aa 15 as 7 18 a8 20 n a 2a 25 26 ea 20 into pet Plas guilty to thet offense here in porena. AML of the infomation he geve Mr. standon «as trus, He told icnael Stanten about axed Nlasea he stoted with Jerzy Barker and Euis ortiz. Ke adaitted on the stand to you that that is eeue. We also knew Le is teye from te testinory of Jexcy Darker who said that he knew Celin had stolen a red Nissan or sone type of plexap truck. Ho told Micheel Stendon anout an avant or police Sone to Nis house and found several itens of scoien property, peata, wheels, tires all inthe gazage, the pllce Lined then up agalast Als wother’s car. Yo described that avent to wichaet Standen, ie aduitted on the stand it was tao. There ware police reports goneeated wut of that evant, He told michael Standon shout how Adrien, Lois Orti2! nephew, wes killed in retaliation for the sheoting of Danny Woetado. Ke admitsed on the stand that the fects around Adrian's seach that he told wichee! Scendon were truss Sone 12th Streeters cone te Lals’ house @t two O'clock in the momning. tuts vas inearcerated sn juvenile hall end Arian wos ahct Lastead of 1uis. TAO Cefendent admitted that those fects were Prue. Ko told you ahout how —- sexy. tte told Nichae! Standon about Kew sone Little kids stoled a desley teuck. He described thst event In detail. You can reviow the Sronscripts, Ke admitted en the atand thal that event alco wae teas. He told Nishec] Sterdon several times about how ee | Katherine Ingera=11, coh Wa. 2489ou 25 2% a 2 aun he smoked narijuana, pot, dope, and ne admitted on the stand time aad tine end tine again, he told Michael standon che teuth, but ho wants you to helieve that he wes Lying about the musier of Bany Hortada. He also told MichaAL Standen that ha was an twolve years of probetiea, probation for twelve years. now that is not ontirely true. the dafendant has teld you thas that some of these counts nave ran concurrent. One of those eaves he had been relleved of nis pronation, but it iz a claim which hae ite boots in truth. We knew at the tine we made that statenent there were four separete cases for which he recelved theses yoars Probation each, we aade a etatenent based on teuth and at ‘the tim he mado that etatonent, thet defendant nay vecy wet1 nave believed thet those thee years of probation we’re Stacked on top of each athar. The polnt 18, Cine anc tine again Ae was boing ‘trathfsl vith Michael Standcn. He (ranted michael Standen, Mo nad a relationehip. Thay hed grown up Ln the gone neighbornood. They hac some autual fronds. We had no season to lle, to brag or to ne disheaset with Michel Stendan. Now, thre wort aiso several factual events we heard about that the defendant is now nedging on, that he Sosen's scuit for wach he wont take respensinility and 1 mage you to asc these events to test nis credibility and nis veracity tor eeuthtulnes at this point te tine. wwe keard about a burglary that cccuresd at the L. Katharine Engegoll, CBR tha. 2442w Fy w a 22 EF ey a5 a8 2 28 L.A. County Fair. We heard the deseription of thet bureiacy fcom Mir. Ermansy wns owned the hooth, how tio alghte ina sau Ais booth was broken into, a tole you how nis neath was secured. Wa also heard fron Jerzy Barker who had heen given immunity about hie ectinony regarding that burglary. Jerzy BAEKer ho had no reason to lie. Jerry Racker who had bees feiends with the defendant. Jerry Karker admitted nie ow Anvolvenant, hew he went into that booth on the second night: wath the degandant. How on the £{got night the defendant went La, stoled a nancmul of jackats and they Loft togother. On. the second night how ‘Ne ard che defendant want in, filled a vers) trash bags with jackets and they lett togecher. Now suddenly, the dofeadant wants you to believe that he dida't really go inside chat booth. We uae down the Aane just ecting es 0 lovk-cut haceuse he’s trying desperatly to make hineeLf ook more innocent shen Ne 13 Me hasn't pled to thie erime that £2 pending in ‘this cass, and you are to going ro have ta decide his culpabiiity end his responsiblilty because he's refusing ta take responsibility for his ovn actions, ualess he’s already plea and it ean be proven by & prs: lating court file We 180 heard about a car that wae stolen fron near tha Yenana Police Department and recovered in a riald. Uno defendant deveribee the locatien of that fleld to Kichsel Standon 1n the topes. It is north of che 60. Zt is between Towne and Garey. And you nave a map that wae deaun on by Officer tecnard whe cane in and tantifted he Tound 6 car. a Myuncas narening the sane description thot the defendant gave ania L, Katherine tagersoll, CSR Ma. 7463ao 2 43 u as 16 ” w w 20 a. aa 2 24 2 6 a 2 ang An & field novth of the 60 betwen Towie and Garey. He found chat car with Rac hubcaps raneved in onder for the Jog nuts to be expoved. The defendant. told wicnael standon that he was working on rameving the ug nats. "Mo defendant haun’t been charged with that ceine, The defendant hasn't pled to that crine and, Sheretore, on the witness stand he LoLé you, 7 dicin’t really do that. My brother teld me about it. Becsusa he wants to seen nore Innocent then ha de, unless cf course, there’s a pre-existing court file. He wefuces time and time again to take rosponsibiiity and co be honest. Leck at the disew ions, Think backs Review youx notes. The discussions, several of tha, that the Sefendant kad with the police officers in tnis ease. Ho Claims na was cooperating. file bucther hed in fact been relocated. The police being objective end being thorough bad made sfforts ta move tha defendant's tantly in order te Protect their safety, and yot the defendant refuses to amit that he stoled the rad Hyundaf, Ha aleply tells the police, he'y suppasediy being honest with them, that he just drove thom. Me didn't steal 4t, te didn’t know wnere it was stolen and ne had nothing to da with the murder. Ih wasn't until he took this witness stand two Gays age thot he aumics that ne and ruiz gtoled the Hyundal becauce, again, ho'e sefucing to be honest. Mo Slning thet ha tela the polies ot tn ZL. Katherine Tayersoil, cs ne. 2443aya 1| Riverside that Larcy Cabrara and Richard Gagura, Richard aka “Weasel”, ware responsible for this murder. le didn’t actually ase those names until he was interviowod here in Ponona os Janwory 16th 1991 these noaths or so after the shooting. that's inportant because between October sth end Janaury 16th the defendant, kad sevaral conversations on the Phone with his mother, iis nother who was {n constant concact with Inis ontie, We A1s0 know that a least en one conversation 10] chet nts nother arranged patween the datondant and Leis LL] otis. Luis Ortie being 4 Little more experienced a Little 12| more nardoned than che defendant fed fila Laformation. B Unts ans Larry vere not in custody. They 14] colleborcted. they thought and then Lats enfd forget it. 15 | Wares going to pin this oa berry. 1s Litis told the cefendant whet co say. 7t wasa'e, 17 | unt41 tats and the aatendant got their ctozier straight thas 10] the cerendent gave safemation to the pelics: rr) Me know fron James anderson that back on 20 | Riverside Caunty.vhan the dafendant was {izst contected by 21 the police, Lt came pack to the cell and he sppoared chakened 22) ap. Te vents you be belleve Ne was anakenad up because he 24) was nervace, Ho didn’t want to coll over on nis pal. well, 24) he aian’® want to voll ever on his pal and his pal wes tals 25) ortiz. He was nervous because he know he snagged in a marder 26 | case. a We Slso know that the deceméant had describad 20 { Richard as berg t21L and exinny Z, katherine Ingersoll, €5% Wo. 24231 u a a cry 15 a6 re 1 13 20 a 22 2 a a5 ar 20 iis use. Burgess, the dofondant’e nother wher ‘alxing to the police at a mich earlier aceasion and sho testified here in court, told the police that Colin said Richaré was tell and skinny. she teld the police that tats seid Kichara was PALL and eictnny. You have a couple of photographs of Richard Segues. Look at them. He's not tall and skinny. Tt gaax to show that Luts and Colin sxe making up stories tu relieve the heat fon thenseLves ‘the detendant vants you to believe that Richard aed Lamy committed this crime. aut the only pecpie uno Claim tnat ace the dafsadante who has a req] good motive to Ate and his wether, 18 movner makee that lai based on the statements thet iuis Ortiz eliagedly gave har. tuis Deti2 was involved in this murder. Let's look at Luts’ credibility for @ minute. We was contacted by the polica en detches 1cth 1980. He told Shom one story. Me told then a lie thet ne and Colla had already concocted, that his brother-in-law Jolin veok co1am howe at four o’cleck. a didn't know anything about a red Myondal, Me didn't knew anything about the theft of che car and ke cortainly didn’t knew anything aneat a maxdes Ho's contacted aboat a yeer Laver by defense Lnvestigstar Me. Lepes~Plans. He tells a aecoad Lie inconsistent WIth the rirat story. Ho's contacted again last month hy Ur, Loper~Tiana about aix months after the first contact and he tells = Unird 112, again being inconeiatant with both of 4. Rathoxine Ingersoll, C&R wa. 2443,to fe Bb “ 1s 1s 7 18 ry a 22 a 2 23 25 n 28 hie tlrat two stoxtee and he got on the otand last weok aad he led again, T don’t thine theze ehowld be any douht 1a your mind that tis Ortiz is betng untruchful. ‘The only question is uhy? ‘The dardnaant it going to claim that sic oesn’t want to rat on Bis honstoys. Ma's # hard care gang mesber. He Lies because he dosun': want to give up Larry Cabroen Thine real haya about his tostimany. iuic’ lyiug ene covering up his ova Ivatvenent in this crime. He helps steal a car. we spent the whole day with Cola and Larry. Ke's as rosponsibile as tarry and Colin exe. ‘here's anstner Snatruction thet the jadge has weed you bout © witness who 1s willrolly false in ane material part of hie or her testinony is to be distrusted in T vould suggest chat you wot take anytaing Late Ortic says very seriously. He 1s not a credible witnase Another witness you heard from who 1s at, credible istics. auxgecs. Colin's mother. The najacity of whet She testified were statonants that ware allegedly nado by Luts, and we already no Lala’ Involvenent in thia crime and why he has xeagon te Lie. Mrs. Burgace haa one ean in surtody. he has ancther son of wnich she dossn‘t know tha location, Me haa an arsest warremt out for Nin, She coean’t Know s¥ ahe"IL Sver soe hin again, sho has a third aon faciag @ mater charge. she may vary well believe in her heart that her son L. Katherina Ingersoll, G92 Bo. 2443u b a 4 as ae a a a0 a 2 a u as 25 a 8 in is inascent. She hes goed motive te cone to court and sot be completely truthful, convantently nferenarber thiags end to get Involved. Pornaps ner strongest motiva ta lie ie that she helped get rid of the murder weavon. Ask yourself this? Why was £t go daza important that ahe mast Iuls ortiz in person ovar the gack-in-the-Box? And Lf it wae anportane tat they met, way not moot inside. hey wea: inte the car, Thay drove around. They hed some kind of conversation. 7 would suggest to you that that conversation wae about gotting rid of the womp-action six-shiot 12-cauge snesgun that was ued in the ourders Mes. Burgess had it in hoz custody. sn gave 1© bo UMis on that day. Tis subsequently got rid of te. Thet's why they ma in person. We also know that Krs. Burgess has a tencency to get vary involved in hex childven's lives, e know fron pEtor conviction and fran the teatinony af Grace Deningo the Sefendant’s other was helping ta sati those atclen lesthar Jacket at hex work; in fect, she auld at least eignt of hen. Ne also know that whan che found out Groce Comings had @ subgoena ts cone te court in this asa, she made theents against anyone who would testity against ner fon. sha'e a protective mother. ghe would cone to court and Lie te keep ner son out of custody. Look very carefully ar ner castinony. New va have one mone witnoes who says the defendant didn’: do tt. EL. Ratheriaa Ingarsall, C92 te. 24432 By 2s 28 a Et ang Mande Octiz. The attempt murder victan. hy in the world would Mando ortiz ait eight up here on enix witness stand look at the defendant and aay what's not aie? Rope, fe didn't do 4. He aosen“* iooR anything Like the guys Woll, take a leak at the defendant today. Take @ ook at the court exhibit vnich is 4 Poloreid picture of the defendant tekea in Banning on acrober 1eth 1980 sorry w+ Osteher 7th 1990, Lest than 48 hours after the shooting. hat photograph and tha appearance of the defendant todey axe vastly Odeterent Eack In October ne was tan. He could pass for Mouican 1 he had his hate slicked beck. Furthermore, consider thie: Mande Orbis haa admitted te Ueatrice Vergas that he wowlan"t want tne killer of Danny Hurtado in custody. wando vants hia cut on the strest hecausa wands wants to kill hin hinsel€, We openly aduttted to that to Beatrice. Rastrice repeated it to ue. Wande is not golag te claim ne saw anyone do it. He's going to try bo got the defendant out if he LelLaves che defendant aid te. We also know that Nendo can’t really make pesitiva of # negative identification. fie vas 125 eet away, here, When me cangne the attention of tho red Hyundal. He tela ~ when 1 asked nin: What Grew your attention to thie car? He said: The gound of the brakes made ne look up. The sound of the nrakes applied whan the aay was contng around the corner. By that time, wanda and Danny were 125 bi. Katherine Ingereell, CSR No. 2442x fect or so aay fron the car. They saw the gun of == about three seconds et 125 feet away. le told the police after the shooting he didn’t get a good look at tha pacple in the car and he conld not wake an identification. He clains on the witness stand tna there wore three dark-skinned aele iizpanies. Me never used the tern dark ieinned with the police a fey house after the shocting. You cannot take Kis negative Ldont{ication of the dofendant, with amy meat because it a5 meaningless. fe has a motive to Lie and he had no oppertanaty co gaa. ‘There axe sone other pecple, if the defendant's Story was true, wns would he able to cons ta court and giva him an aint. The defondant clains that there vere three giris thet arrived at Inte’ house qt approximately the Lime the murder was taking place. He dagen’t know theie name but they were Erfends of als, Ults never mentions thess girls. Gabriel Floves whe cane over later never mentions these sire lho are those mystery gizle? Aad L£ they ero kenlly there, «ny @idn"t they come to care and e2) you they weve there, cell you they Kent to Luis’ nouse, tell you that they had seon the defendant there and they couldn't possibly have comtced this oxime. ‘the defendant tas claimed the only reazon te besg about this marder was to make Maself look inportent. Ly Kathering Tngersotl, csx wo. 28631 a a 13 “4 13 1s i 1a rey 20 a 2 aa aa 25 25 7 3129 He chains that hack in Osteber of 1990 he wae weak, new to the systen. ‘This is a man uho hag stolen betwoon twenty and salety cars in his Litetine. that ne wantes to seem cough. He told you the only reason he mentioned the murder in the fret place to Michael gtandon bask in Riverside County Jail, bragged show Kling two peopla, a Crip gang menber ans a menber fron sane other oxganizarion, he defendant never asks aboat thous killings on the audietape or the videotape, dtandon never talked about ‘those HL1Lags in sone chres-ode hours of taped ctatenents never mentions killing anyone, And the defence attaznay Rover queationed Michael, Stendon about anyone ne allegedly claimed t9 nave Killed. It Michael Stendon had reatly sade auch clains back in Cctober in Riversice County Jail, ne certatniy would have bean questioned about them. (he datendant claine that waa bis motivazicnal parvese for cleimtng a murcer hinealf. It didn’t happon. ‘The only evidence you have vhen 1t happened cones ven the defendant's novth and ke already know he's a ilar. He claimed to have Billed Danny Hurtade because he did te. Me was crave. sure ho wanted te cound important. ut consider his demeanor while ne waa taLeing about this ecine, Review the transcripts, ‘The constant obsession with bags. ha with wie taps, The constant need to better the crime ne committed. Tt eons te cooperate that what he's saying 1s true. He told you fren the stand that he had the Us Katherine Tagersoti, CSR wo. 74431 u 2 fey “4 15 1“ " 18 1 20 a a2 a3 a 25 as 22 eee feeling these conversations were neing taped. That‘# uhy Aa was so obsesued abuct the bugs. He told you et the sane tina he knew the colice had not yet arrested anyone. He told you that ha knew the police were often at his house, and yet ne uants you to believe that he was whispering about @ crime Re didn’t really commit. It de an unreasonebic story cod it mekes no sense. Now he carssinly did exaggerate. Ho sad on the tape here were 4 million people in rhe parking Lot waon Ae Aumped the 2007, fe sald be was wanted by the FAI tor half 2 million dollare of stolen cars, Hs soid that he hed a mansion im Maxis. ene of there things ane conpletely crue. Look at from where they cone, They are haced in truth. ‘There vers @ munser of people in that parking lot where ne dunged tna 3602 (sic). He tole you that he's stolen between thirty and fifty cars in his ire. Sone of than ompensives some of then nick so expensive, exehadly not half niliion dollsre vorth, bat probably severe! thousand dotiers weren. He didn’t have a mansion in Haxtco but he had a friend that hod a stove and a house thel ne Neat to viait His exaggeration Le basod on truth just like his exaggeretlon surronnatng the oanry Hartade auzder. He told wicnael standon he put = stocking on hie Dosd. Every single eyewitness to tne murder sald: 1 acne. Sue any stocking. I didn’t eee any sack, ie did't have a stuckLag on Mead. Me Sala that Because it scunds dere Like 1. Katherine Ingersoll, S5n Wo. 244329 38 7 2 ara MISSION IMPOSSIBLE. Soundz mova 11ka James song. It sounds fore exciting. 16's an exaygerazion. It 1s an exaggeration based on truth just the sane wey that ho used the term: 1 blow hig head off. His shoas came off when I shot hin. eli, yoo nave the pictures, lagtes and gentlemen. danny wucrtado’s head was not disconmected from bis bedy, It in @ slong term. A bravado term. He hit the victim in ths head. ‘he victin fol] forward. ghe vietin wae waning at che tina. He may Rave gained gone air. We don’t. Know, But you have the responsibility of determining wnat 1s an exeggeration and what is,the tzuth undeclying that exaggeration. qe Is lake tisning. 1 don't Enow haw aany of you fishy but q's sure you have had Criends whe once ox twice in thoir lives, people nay exaggerete akout the size of the heh they caught. Y caught a teh this pig. Wall, mayne, tr was only @ tno factor. But paowle dont Lie avout going on a fishing teip in the E1zet place. It a naturel tendency to exaggerate when you are excited, wen you are sapeating facts, Think about your own ives. TRiek about your bun conton gaece. It is nct a natusal tendency be wlaie resposzibility for things goneens elec kaa done, things you know of even shen you are Sitting in Jail with a friend We neve infurmetLon that supports that idea than he's aot lying about tho murdaz. Jamas andacsen came in nara and told you he EL. Katherine Ingecsell, CER No. 2449ao an 2 aa au a5 Fy u “ ry 20 a a 24 28 2 a 2 Spent two months hack in Gcteher and Novembax of 1960 with ‘ue cefendant an ue told you the detencant cian’ t exaggerate in his company. We diein’t brag about stusf he hadn't dane WMLLe Ne was in the company ef James Andarzon. We also Neard from tois ortiz. Luis Ortie who did edmit to being criends with che defendant, for naving nown tha defendant for theee years ox 20, and Luts Octe told you thas the defendant ie not a show-off. He doesn't have e tendency to exaggerate ar blow pings cut of Proportion. Yet, the defendent venta you Lo Reldeve that ne did something againet hunan, nature and against hls own nature in order to relieve ninself of xooponsthility for e nusder. The reason he tola you oa the stand thet the easor he dida’t tell the police that he had stolen the red Hyanda! was bocauce he didn't want to go te jcil for « longer period of time. and the rsasea he told the police that he wasn’t Lnvelved in the theft of the jackete, dida’t act ae a lock-out, didn't go Inte the booth, is because ne dicn’t want to goto jai2 for & longer period of tine, Hers tacing a meéer charge and he's repeating that cone pattern, He coesn’t want to ge te jail for a long period of tine. He‘s desperately creating false walls in order te get o8¢. Finally, T anid urge you te leak at the Videotave. Listen Lo the audietage and think aboat his testineny on the stand in order to determine hts creditlity. ‘Tine and tine ogain he xevools his attitude his contempt for the systen, tor the atate, er the police, tor pes 1. Katharine Ingeseoli, CUR No. 2443i a aa 1 is is ” iM w 20 a 2 23 a4 35 36 ar 28 1734 aathority. “a tells Michael siandon shen he’s discussing tae 80x: X wanted te tell then i+ wacn’t we because they didn't take prints, He WELL never anit responespiiiey until faced with a court file to which ke pled guilty Whon ho’e telling Michael Standon about his cooperation quote, unquate, with the polica, he mockingly says to Stendon: T told the police t diane KIL ne one. Look at we, Dot leek Like « Kier? He's fotening innocence with uichael Standon in 4 mocking tone and he cana to court feigning innocence and mocking us here in this courtromr, He hae never been honest with the pelice during the Jnvestigation of this trial and hate not bean hens wt hese during his testimony why should we suddenly believe that ho's honest when he seve: dtan“t RLL2 panny Kuetado? He shows his consctousness of guilt when ne Whispers, wien he Locke for bugs and when ha threatened to KALA Micnae! Stendon, Ask yourselves this? Sure, if Michael is accusing hin of @ crime he dida’s commit, ne would get angry. Why aot sek Michael: Why are yeu daing thts to ne, man? T didn’t co it. It wae jase jailhouse talk, you know. 3 didn’: do Ls. Me never seid thet. Be threatened to KILL the an unite ke was gatting off the Gus, He apit in his face He's showing nis consclousnses of guilt. He’s revealing AibEle Bat of panic beceuse he RuoWe Me’s been caught. L. Katharine Ingexeoll, CGR No, 2443a0 nh 2 a 4 as as ar a6 i 20 a 2 24 25 26 27 26 1725 Colin anditon is @ young man wno thLake he’s invincible. He's gotten avay with en awful Jot in his Life, sone thirty to fifty cara; one burglary that ne kuow of. Me's only got chree convictions and ona juvenile case. Ho thinks ne can cher his vay out of anyening. Me thinks he can charm you. He spent the last six nonths, maybe @ year, Practicing. on‘t let hin focl you. Find him galley. Thank you very meen. ME COURTS Lsdles and gentlenen, we're going to take @ ten-ninate xeoeca for youre mecning break. You are Femincea ne adnonition still holds. Please return and 1°21 make At tenty minutes after cleven. wave a ploazant break. a eecess wes taken.) HE COURT: ALL juroes, both elternates and counsal are present. HE. Abajian, you may give your argument. NR. AEAJEAN: Thank you. PIKAL ARGUMENT BY UR. ABATIAN: Nedles and gentlener, I would 1ike to thank you for your Kind attention. This hes been a long trial. Tt has been 4 trial that hee had s lot of infocnation, « Lot of witeesses, ou have 2d many domands placed on you during the course of this trial. Because I’m not a jadge, T can't ake any demands of you. Dui T en going to make ono request fand that is chat you please pay cazeful attention te what I’m about te say, because what I an about to say is golag te be be L. Kathering Iegoreell, COR No. 24490 1s 4 1s W aa 3 2a a 2 23 oy 25 26 a7 28 1726 laeen with facte that you've hoard in this cose and what T ent about to say 16 very important ne my client Me. Anditen fox obvious reasons, and wial I’m about to say te you may'carcy Gust fev minutes inte the Janch boar. After that lunch hour, you are going to hear once again from Ms. Anckar regarding the Peopla‘a arganent. Ye will be what ts celled rebuttel. and pecausa - he resson for that ie che has the burden of proof. tm this case, an insurnouatable burdea of proof, and in thie Parkiculer case r don't think three ox Ziftean final aeguaents by hex would change the facts. mut 1 want you to eewenber what Im telling you, K have a feiend wno, naa part of a class she was taking, ad te sit (nen a criminal tetal. and she aid 50 mo -- what she said, F suppose, I wes 4 little oftanded. AG the ond of that trdal the prosecutor got up and discussed che Tacts. And then the dafense got up and sort ef twisted things, and turned things, sort of blow smoke azoued the Foon. I wish she were hare today Recause wnat v= hava today is & role reversal. T would say to you that what the prosecutor has done and will do in her ctnal axgument will twisty turn and spiny and what r/m going to Go 4s deal with the Eacte. Now the cistelet aucorney hae seid sany things Uo you, seme of ubich were tuiata, sone of which ware exsguorattons, some of hich veza putting apins on things aad some of vhich simply weren“t true. Sho told you thet ay client denied co the police Ls Bethevine Ingersoll, CSR flo. 2643127 that he stoTed the red Hyundal, end never, unctl he testi tied here at trial, would aduit thaty when you know thet clear back in Janusey o€ 1991 he plod guilty to atealing that zed Hyenaat, a tetony. she told you that he aven trted to evotd reaponstbiLity fox the Jackets. He told a diffexen: version ‘of what happoned with the jackate, but a veroion that makee, end_ne knew mada nin guilty of the crina at merntasrax_anao aL 2 Fey u Fey a Fa a a ” 2 as 36 a 28 ane r/m going te discuss ight now. T told you in my opening statement what tho evidence wes going to show. ‘thats avactiy what the evidence has chown. It hes shown that Mz, Anditon Lee pusk and a ENSof and 4t Nae chown that he ia not a nusderer. Tb has shown that ne nas hragged of many things to Mr. Standen, nearly all thefts, two of then murders, which he didn't do. So lot's go through the facts. ret’s take it step-py-aeep What are the fante? Ky olfent boasted of many thefts to Mr. Standon, Tow heara that. Most of them sare and mush of thet is teue, Me"s a cor thier. He (so thief But because e's a thicf, you ant brand him « murderer. You got an instrection that tolle you the Purpose for which you can use prior convictiane. You can't Fay, ond it doesn't make eny sense anyway ta sey, once a cer ‘Unbee sivays 9 marderor. That just sounde stupid rolling oft wy tongue. UE ne 2130 Reastad af two musdaes, Ono beast wea conspicuowsly ebyent fron the comment of the prosachter a Tou moronts ago. Paresh ef all, whan he does thet he tells you he'y matching the beasts of Michaal Standon. They atere out beasting about stealing cars and then 1t escalates. Ard Mr. Standon gete into bigger and better things. The district attorney suggested chat my clieat key ba aaking Uist up, Dut ve de havo come proof of thet. Te you look at the audio, 1 neliave 4 wes Page 10 of the eransexipt portion when Hz, Standen betngs up Co Ketherine tngersoii, GSR No. 2443a9 a u Fa ” a 2 an a 2 2 a 26 at 28 728 shooting or killing his brother, he saye: Renenber when we talked anout shat? Now the audio te the fLese conversation thay nad An Denoaa. Romonbox fron what? Tewenher from hen? Obviously they had Deen talking about that fram defers. okay? So my cliont boasts of a couple of madera. Re Says he killed John Huddleston, Joha Huddleston is the brother of Jerry Backer. He goes into vivid details of what led up to that killing dal Pages 11 ant 12 of tne ania. He talke about sone incident mede up where he, Mir, Huddleston, had hin in tha novee, held 2 gun to Alm, fired @ shot La the house, dicn‘t hit him. Held Rim. Figured they knew whee ho Lives eo he batter do something about tt. tells ometly where he did 1b. He saye he vent up by tha fire atation there on, Whine end I think we seta Alvarano, when Mr. Standon appeared to not know that lecatien, Ma said: You iow where orange Grove and White is? We described the location vividly of thea ite. And then at pages, I think it ig 13, the top of the transcrip: of the eudiu, he even gloats about now it wae An the nowepsper. And et Pages 22, he. Standon belase it up Beata, Me seys: Was [t Jerry darker he shot? Gena, John. John f¢ gona. And then if that isn’t enough, at Eage 32 of the 1» Kothevine Ingersoll, CSR No, 2443,20 an a2 a3 ua a8 as at we Fr 20 a Ey aa 24 25 26 a a audio, I'm talking avidence, now Indies aad geatLaren, Page 32 he saya: the F.3.1. or homtetde are poaoibly coming fo get iw for this 187, 187, enat 4 aurder, Ho makes st clear lacer i that peragreph that £2 fe the Huddleston Purder no‘s talking okoxt ky aaying why ke thinks they"re onto nim Recause the nether and the brother know shout the incident and che house wnere tne guy shot at hin and they're Probably putting tyo and twe togather and figure it was nin. mise a ae. John Wuteleston is a lie, ee T teld you in ay opening statement. He’s not shot. Ma's nor dead. a's Rover bean shot at by my client nor any of his brothers. 36 the aisveict attoraey wants te try to teist ib into that . the quy 4s aive. 50 eny question yoo neva ahowt uculd Coltn Anditen say he ktlled conebedy he didn’t kLLL? And why in the worid would enybody do that? ‘Those concerns ace alleviated necause he cid it. Tow hen the istrict attortey was quostioaing Br. Bndizon, she said scnetiing tc hin about: Well, you didn't shoot John Huddleston deva these on Waite Avenue but you chet sonmnedy else, didn't you? You ere going ro get an instraction that basically tells you questions of counsel aze not evidence and sonsthing Lfke that 13 really inproper because 1t suggests to You that ne did something when there‘s no evidence: 3 aden, Lf sonabody, a1 aa nad shot conebody own st White Avenue, don’ you thunk Detective Moore or 4. Katherine Ingerseli, CSR No. 24434a uw 2 2 ua as 16 n uw a 20 a a as 28 25 26 a 28 a7 Sonenody asa tron the police department would have mare evidence? anybody shot down by tha Cire department on White. and Alvaads ot thot tine buy scnebody, they would nave Drought $m sous evidence on that. That's why you get Instructions ska the qaastien fen't cridance. The point 1s, st was a lie. He was peéfing. He's 4 ekimy Little engiisn kit vith a fonmy accent and a baty fase who wa for the first tine in an adult custodial factisty citting there. Hines Lt up back and forth with @ guy, C1rst stealing cars end then boasting about stealing cera, ond then ’about kt1ling pesple. a Aled about xsLhing John Huddleston, There’s absolutely noting that tha Gisteict attorney ean get up and de about thet. No amount af” wmoke is going to caver tna. ALL right. ‘Phen ho says he billed Danny qurtado. what's the People’s evidence that thet ie teuey There's sone priate en the car ell cicht. we know ne stoled the car. we know he was in it all thet late evening, early morning nowe of the pth ane Ll day on the Sth. and then there's tha contession Tron wienael Stancon which wtll decerthe it, then the netive. What 1s the uative that che Peaple have for ‘thist’ What did Me. Stendon tell us vas the reason that ay silent snort this guy? Renerber? ve talked abou: that beck -- there es some roferonces putting thet in the tape eo we wont beck fond found out wnat that wag all about. My client fixst sola 1B, Kathorine Ingersoll, cS we, 2463Fa a ub aa 1s 16 wv ae 13 20 an a a ey 25 26 ar 2 433 Ain about this murder, tme reason he shot Dancy Wartade was Eecause the day before ne and his provher Mark ware at Buddingetone, had got Into a beef with sone 12th Streator and they shoved an tee cream cone in his Srother’s Wack’s f2ce. That's why they murderes ease guy. Well, that de pretty silly. © think wo alt agres, I think even Me. Ancker will agree with that. Plos (ee Know Mark Anditon wasn't around the day before. If the @etcicl attorney thought shat wasn’t crus, che could have BCE on some evidence to tha contrary that thawa was no fale we were talking about, That this MecOuarrie iady nad some Feason to He, But that ia feet a Little part. That 18 thoiy wetive. Okay? That's the People’s evidence akeut this kidileg, Talked about the evidence. He stoled the car. We've talked about the murder. Let’s talk ebout the confession to Nicheel standon, Mow 1t/s pretty clear that my client got many of ‘the facts that he recounted Ercm. the newapeper because of the way he phrasea cninga. Don't you think it would hava been @ lot more Persuasive if the Feople could sey when na told Mr. Stardon bn tape what happened? Fe said the other guy got away because ite junoed behind che truck. gecause you'll kee from the asuepager acticle, the word Unet they use te van. They don’t cay Moving van. They den't say ruck. They say van. And that‘a the word ne used. and please observa and listen in the Ce Katherine tngersoll, CSR Wo, 2443ae un 2 a3 aa 15 16 a ae 1 20 a aa a 26 as 26 a 2e pudioteve at Page 13 abcut cuo-thizds of the wey dawn that Page. Mr. Anditon on there seys there wae blac all aver the strost, and hie choos cane off. T want you to lock at che photograph at the top. of that article here you/11 cee bined ali ever the etrest and choses. If you have eny doubts about whecher oF not he hed rand that article, look at what he eaid and -- tt 49 eluost 112 he's deserining that picturo. Wis description of where tna vaecim vas hit. zt fw in the axticle. chin I want you to Look at the pnotos of the scene anc toll mo 1€ you think fron where the shats wore Ered the stcoter is going ts know whore he hit the poraon. Evidence, Iedles and gantienen. cack at 48 He says the survivor dived behind tne van. gust Aske che azticie s2ye. And chon look at the photographs You can-t sven san tha van, [t ig blecked from that Locetion. You've get a Jeep there. You've gat = for sain sign there. These pictures wece taken that night ax that day. vou can’t oven see it, Me, Anditon in his statoment to wir. standon says they hollered out “Cherzyville, motherfucker". And ane perty says “englané, motherfucker" The article neationed a rival gang nade its tall. Nobody at the scone aid thoy heand "chaevyrille, nothertucker' Me tells me. Standen coat ne was with his brother Mare, This ia not just at the Riverside gall when he's talking about with the Loe ceaam eene, Sut ot Page 30 bf the eudla, ne seys he was with ni Desther Yark and thie ZL. katherine Iagazsoll, CER No. 2443aa a 43 13 16 w a i Ey a a a aa 35 as ar aa 1734 Bo Sine he's got Nimelf in the mack seat and he soya that they had to take out the window of thie venicle so he could shoot, tron he back goat, Now compare that to what happened. Why would he lis anowe that? vo Me. standon? Did he fesgat? Did We forget he must have beet in the front Set now all of & suddan Sn tha back ovat ond taking the windey cot or the vehicle? The Fact 1s, that . xartado wae shot from 125 Foct away. They're up at the corner. and, inefdentally, they shat as tho porson was walking away Exon che corner, renenber? mr. andites, the various places that the person wos walking to the corer, just got te the comar and he ales saye he shot hin ¢rem suven fest avay. alan nis read off. Ae Ms. Anckor indleated in her ezaninetion, L's @ mich more macho thing to be ale +0 hit somebody fem 225 fost away and KELL him. So Lf Mr. anaiton truly knew that that is how fax away they were, he would have saic it. one thing vay interesting on this audio, again evicence, right there in feont of you, is Hr, Anditen slipped up ot Page 28 in the video. De you veneaber the car was dumped minutes arter the shosting? And he starte saying: 1 think they dumbed the bar. And then there's something you can't peecsive sald by We. Staadon and than he corrects it cat Tid it. Why is semevody who 19 Calling wnat ne aia gotag to say they did and then quickly say I aia. Lake MS. Ancker said, don't theew your comma 1. Katherine Ingersoll, CGR Me, 2443127 that he stoTed the red Hyundal, end never, unctl he testi tied here at trial, would aduit thaty when you know thet clear back in Janusey o€ 1991 he plod guilty to atealing that zed Hyenaat, a tetony. she told you that he aven trted to evotd reaponstbiLity fox the Jackets. He told a diffexen: version ‘of what happoned with the jackate, but a veroion that makee, end_ne knew mada nin guilty of the crina at merntasrax_anao aL 2 Fey u Fey a Fa a a ” 2 as 36 a 28 ane r/m going te discuss ight now. T told you in my opening statement what tho evidence wes going to show. ‘thats avactiy what the evidence has chown. It hes shown that Mz, Anditon Lee pusk and a ENSof and 4t Nae chown that he ia not a nusderer. Tb has shown that ne nas hragged of many things to Mr. Standen, nearly all thefts, two of then murders, which he didn't do. So lot's go through the facts. ret’s take it step-py-aeep What are the fante? Ky olfent boasted of many thefts to Mr. Standon, Tow heara that. Most of them sare and mush of thet is teue, Me"s a cor thier. He (so thief But because e's a thicf, you ant brand him « murderer. You got an instrection that tolle you the Purpose for which you can use prior convictiane. You can't Fay, ond it doesn't make eny sense anyway ta sey, once a cer ‘Unbee sivays 9 marderor. That just sounde stupid rolling oft wy tongue. UE ne 2130 Reastad af two musdaes, Ono beast wea conspicuowsly ebyent fron the comment of the prosachter a Tou moronts ago. Paresh ef all, whan he does thet he tells you he'y matching the beasts of Michaal Standon. They atere out beasting about stealing cars and then 1t escalates. Ard Mr. Standon gete into bigger and better things. The district attorney suggested chat my clieat key ba aaking Uist up, Dut ve de havo come proof of thet. Te you look at the audio, 1 neliave 4 wes Page 10 of the eransexipt portion when Hz, Standen betngs up Co Ketherine tngersoii, GSR No. 2443a9 a u Fa ” a 2 an a 2 2 a 26 at 28 728 shooting or killing his brother, he saye: Renenber when we talked anout shat? Now the audio te the fLese conversation thay nad An Denoaa. Romonbox fron what? Tewenher from hen? Obviously they had Deen talking about that fram defers. okay? So my cliont boasts of a couple of madera. Re Says he killed John Huddleston, Joha Huddleston is the brother of Jerry Backer. He goes into vivid details of what led up to that killing dal Pages 11 ant 12 of tne ania. He talke about sone incident mede up where he, Mir, Huddleston, had hin in tha novee, held 2 gun to Alm, fired @ shot La the house, dicn‘t hit him. Held Rim. Figured they knew whee ho Lives eo he batter do something about tt. tells ometly where he did 1b. He saye he vent up by tha fire atation there on, Whine end I think we seta Alvarano, when Mr. Standon appeared to not know that lecatien, Ma said: You iow where orange Grove and White is? We described the location vividly of thea ite. And then at pages, I think it ig 13, the top of the transcrip: of the eudiu, he even gloats about now it wae An the nowepsper. And et Pages 22, he. Standon belase it up Beata, Me seys: Was [t Jerry darker he shot? Gena, John. John f¢ gona. And then if that isn’t enough, at Eage 32 of the 1» Kothevine Ingersoll, CSR No, 2443,20 an a2 a3 ua a8 as at we Fr 20 a Ey aa 24 25 26 a a audio, I'm talking avidence, now Indies aad geatLaren, Page 32 he saya: the F.3.1. or homtetde are poaoibly coming fo get iw for this 187, 187, enat 4 aurder, Ho makes st clear lacer i that peragreph that £2 fe the Huddleston Purder no‘s talking okoxt ky aaying why ke thinks they"re onto nim Recause the nether and the brother know shout the incident and che house wnere tne guy shot at hin and they're Probably putting tyo and twe togather and figure it was nin. mise a ae. John Wuteleston is a lie, ee T teld you in ay opening statement. He’s not shot. Ma's nor dead. a's Rover bean shot at by my client nor any of his brothers. 36 the aisveict attoraey wants te try to teist ib into that . the quy 4s aive. 50 eny question yoo neva ahowt uculd Coltn Anditen say he ktlled conebedy he didn’t kLLL? And why in the worid would enybody do that? ‘Those concerns ace alleviated necause he cid it. Tow hen the istrict attortey was quostioaing Br. Bndizon, she said scnetiing tc hin about: Well, you didn't shoot John Huddleston deva these on Waite Avenue but you chet sonmnedy else, didn't you? You ere going ro get an instraction that basically tells you questions of counsel aze not evidence and sonsthing Lfke that 13 really inproper because 1t suggests to You that ne did something when there‘s no evidence: 3 aden, Lf sonabody, a1 aa nad shot conebody own st White Avenue, don’ you thunk Detective Moore or 4. Katherine Ingerseli, CSR No. 24434a uw 2 2 ua as 16 n uw a 20 a a as 28 25 26 a 28 a7 Sonenody asa tron the police department would have mare evidence? anybody shot down by tha Cire department on White. and Alvaads ot thot tine buy scnebody, they would nave Drought $m sous evidence on that. That's why you get Instructions ska the qaastien fen't cridance. The point 1s, st was a lie. He was peéfing. He's 4 ekimy Little engiisn kit vith a fonmy accent and a baty fase who wa for the first tine in an adult custodial factisty citting there. Hines Lt up back and forth with @ guy, C1rst stealing cars end then boasting about stealing cera, ond then ’about kt1ling pesple. a Aled about xsLhing John Huddleston, There’s absolutely noting that tha Gisteict attorney ean get up and de about thet. No amount af” wmoke is going to caver tna. ALL right. ‘Phen ho says he billed Danny qurtado. what's the People’s evidence that thet ie teuey There's sone priate en the car ell cicht. we know ne stoled the car. we know he was in it all thet late evening, early morning nowe of the pth ane Ll day on the Sth. and then there's tha contession Tron wienael Stancon which wtll decerthe it, then the netive. What 1s the uative that che Peaple have for ‘thist’ What did Me. Stendon tell us vas the reason that ay silent snort this guy? Renerber? ve talked abou: that beck -- there es some roferonces putting thet in the tape eo we wont beck fond found out wnat that wag all about. My client fixst sola 1B, Kathorine Ingersoll, cS we, 2463Fa a ub aa 1s 16 wv ae 13 20 an a a ey 25 26 ar 2 433 Ain about this murder, tme reason he shot Dancy Wartade was Eecause the day before ne and his provher Mark ware at Buddingetone, had got Into a beef with sone 12th Streator and they shoved an tee cream cone in his Srother’s Wack’s f2ce. That's why they murderes ease guy. Well, that de pretty silly. © think wo alt agres, I think even Me. Ancker will agree with that. Plos (ee Know Mark Anditon wasn't around the day before. If the @etcicl attorney thought shat wasn’t crus, che could have BCE on some evidence to tha contrary that thawa was no fale we were talking about, That this MecOuarrie iady nad some Feason to He, But that ia feet a Little part. That 18 thoiy wetive. Okay? That's the People’s evidence akeut this kidileg, Talked about the evidence. He stoled the car. We've talked about the murder. Let’s talk ebout the confession to Nicheel standon, Mow 1t/s pretty clear that my client got many of ‘the facts that he recounted Ercm. the newapeper because of the way he phrasea cninga. Don't you think it would hava been @ lot more Persuasive if the Feople could sey when na told Mr. Stardon bn tape what happened? Fe said the other guy got away because ite junoed behind che truck. gecause you'll kee from the asuepager acticle, the word Unet they use te van. They don’t cay Moving van. They den't say ruck. They say van. And that‘a the word ne used. and please observa and listen in the Ce Katherine tngersoll, CSR Wo, 2443ae un 2 a3 aa 15 16 a ae 1 20 a aa a 26 as 26 a 2e pudioteve at Page 13 abcut cuo-thizds of the wey dawn that Page. Mr. Anditon on there seys there wae blac all aver the strost, and hie choos cane off. T want you to lock at che photograph at the top. of that article here you/11 cee bined ali ever the etrest and choses. If you have eny doubts about whecher oF not he hed rand that article, look at what he eaid and -- tt 49 eluost 112 he's deserining that picturo. Wis description of where tna vaecim vas hit. zt fw in the axticle. chin I want you to Look at the pnotos of the scene anc toll mo 1€ you think fron where the shats wore Ered the stcoter is going ts know whore he hit the poraon. Evidence, Iedles and gantienen. cack at 48 He says the survivor dived behind tne van. gust Aske che azticie s2ye. And chon look at the photographs You can-t sven san tha van, [t ig blecked from that Locetion. You've get a Jeep there. You've gat = for sain sign there. These pictures wece taken that night ax that day. vou can’t oven see it, Me, Anditon in his statoment to wir. standon says they hollered out “Cherzyville, motherfucker". And ane perty says “englané, motherfucker" The article neationed a rival gang nade its tall. Nobody at the scone aid thoy heand "chaevyrille, nothertucker' Me tells me. Standen coat ne was with his brother Mare, This ia not just at the Riverside gall when he's talking about with the Loe ceaam eene, Sut ot Page 30 bf the eudla, ne seys he was with ni Desther Yark and thie ZL. katherine Iagazsoll, CER No. 2443aa a 43 13 16 w a i Ey a a a aa 35 as ar aa 1734 Bo Sine he's got Nimelf in the mack seat and he soya that they had to take out the window of thie venicle so he could shoot, tron he back goat, Now compare that to what happened. Why would he lis anowe that? vo Me. standon? Did he fesgat? Did We forget he must have beet in the front Set now all of & suddan Sn tha back ovat ond taking the windey cot or the vehicle? The Fact 1s, that . xartado wae shot from 125 Foct away. They're up at the corner. and, inefdentally, they shat as tho porson was walking away Exon che corner, renenber? mr. andites, the various places that the person wos walking to the corer, just got te the comar and he ales saye he shot hin ¢rem suven fest avay. alan nis read off. Ae Ms. Anckor indleated in her ezaninetion, L's @ mich more macho thing to be ale +0 hit somebody fem 225 fost away and KELL him. So Lf Mr. anaiton truly knew that that is how fax away they were, he would have saic it. one thing vay interesting on this audio, again evicence, right there in feont of you, is Hr, Anditen slipped up ot Page 28 in the video. De you veneaber the car was dumped minutes arter the shosting? And he starte saying: 1 think they dumbed the bar. And then there's something you can't peecsive sald by We. Staadon and than he corrects it cat Tid it. Why is semevody who 19 Calling wnat ne aia gotag to say they did and then quickly say I aia. Lake MS. Ancker said, don't theew your comma 1. Katherine Ingersoll, CGR Me, 2443a a a 16 rr cry 20 a aa a 25 26 ar 28 ans fenos oat the window. why would sonebody de thas? ‘They voald do St boccuse they've LelLing a stery abou: hae Sonerody else did but they wont the person listening £0 belteve ie is thea. Wen they #1Lp and say thay oid it, truly they Sid, and he wanted thew to know that ne cid, soulda’t you say T dla 4 ne wants them to know in the Etzst place he woulan’e here said they aid? mst 1s evidoneo and ve haven’t even gotten to the sivgest hurtle. ‘that as scation. tia, ancker Js cight. 1am going to make a big Seal about the Lecstion: Sho Inova why You know shy. Ge 211 knew ny. 1e Is very easy tor we. Anckox quoction, to get Np and cay he wag on ensegecator when he setd this, thet or che other ching. But with the location sie stopped. There 4 mo good reason on Gad’s earth why Mr. Anéiton would gay chet 1b hepvened in oa9 leeation, location in Swen Pomona, which io where Ae hed Lived, a location ne knev. There 1s ne Teason he would say that when te didn’t hagpen there if ne was there. ‘The shooter krews share he Lt, ‘The killoe knsks wasre ho i and ovexybody else In that exe krovt where he 2. Now fron he questions T curt of anticipated she was going to co this and, cure aa hech che did. Blane at on tho marijuana. there 1s notalng eles sround to blame it on. She asked: whet nappens when you get igh? feel good. I get a Litete tized, De yor think thet she gould find one export oa a - Kathorine Ingessoll, C&R Wo. 2483ae u a3 4 as 46 u 18 13 20 aL 2 a au a5 as a7 2a an36 dzugs and the effect ef drugs to drag in hece who would tha <+ the marjonity vould gay when you oroke marijuana you’ 12 openber all th other Aatas\e pitt you axe going to forget. where you veret ‘There's no evidence of thet becsuse thers‘ no eupert who would cay that, ‘That Je Me, ancker's t timony. And questions aze not evidence and etatenants of counsel up here are ast evidence. We'ce not talking about just sort of a general description. Xind of the area whera this thing happened. Look at ena eyjdonce inthis sace. dhe facts are crom the testinony chat che shooting tock place on Grand Aveaue east of Gavey ina zesidential block. Gazey is a main ‘thoroughfare of the Clty cf Ponona running north and south, ‘the other sice of Garey, east of Garey on a residential block. Whee goes Hr. Anditen end say about where thie shooting tock place? Me aekes 3t crystal cleat thet ne’s talking ebout another locetion. and I’m not waking chis ua. r*e not tulsting ond tuening. Tt ia right these in fxent af you. whan you gat in the xeon, Lets on tha audio, AL'S on the teanseripe. Me's talking about sharkey’s Park. Sharkey's Fark which Js lecated at the corner of Park and Grand in the City of South Pomona, And that ia well wast of Garey Avonue and it Le not a easidential block. He gives detalls of precisely where. He talks about the coxner. He saya they were -~ exuiised by them he Kacharine Ingersoll, C38 Wo. 244310 2 a3 “ as v 2 20 a 2 2 25 26 a 2 any walking by sharkey"s Pack end when we get to the etcest at ‘che ond of the patie that wape around the park thet's the corner where wa ehat thom. Datafi. ‘shey weren't walking toward a corner where ~~ the Gornes they ware shot at. ‘hey were walking eiay from the comer they ware shot at and thoy had net bocn at Sharkey's Park at all that That's evidanca: Look at his description of the Location on Rage 14 of the audia. He makes {t clear it's aharkey‘s Park snd If yeu have any doubts on what he says on Page 1M, Lock at Page 28 and the detail that he goes inte describing naw they cid Lt and where they dig it, There is no doubt in the mind ef any reasoneble trier of fact, whlch you all ert, that ko Le docestbiag 2 totably diféacent place and all the obhing anc weaving ane spinning and emake blowing am tne World Isa’t going te change that. and that hurts che People's case, obviously, and so they'se eaing to heve to tuy te de something shout it, Eden's get up and talk after she's all gana. £ wat vant You to Look at the evidence, ledles and gentianen. Why would colin Anditen wy the wrong place if ho was the killer? ther is no veseon. late bean vory Accurate descething Locations you Kno#, us. ancker was talking about wuls gray Myandal ond she’s saying the police found it sight exactly where he said 1t was. The guy knows the city. He describes 4 wrong locaton because ne wasn’t there, Hecause of what he hoard’ Econ Larry Cabrera, te said down by Shezkoy's Park. Ly Kachersae Ingersoli, CSR No. 248%2 aa 4 ao 26 7 2a ar38 Of courte, that's whore 12th Streat hangs out. fr mayne It was an it ia in the tape at Page 37 shen he stares calling Little bits of the truth. we starts telling how Larry Cabrera did teke thet car and he came back and he said he had seen gone guys Eron 12th street down by the park. Well, Larry Cabrera is probably diwn by the perk bet ho was probably by ashingtoa Park locking for the people. Maybe ho had boon by both parks. Put he dida‘t say Masnington Park, did me? Good thing for er, andtton. TE Mr, anditoi hed Keown where actly where this thing happoned, he might be In trouble far aonething ha didn’t do. Por whatever roacon, Colin Anditan, matrar of detail, local residents dian’ know here the Roalcice eveurret. Ac I sald, that 42 plainly, elmply because he wasn't there, just as the surviving victim Mando ortiz teld you. Nore evidecce. Oh, hoy the district ettorney Bobbs and weaves on thie on Sho gaye ho dicn’t sce the ear until he got to ERS corner, When you hear hin toll you, thoy want by alm slowly by then, ‘Tn1s 49 probably sturt these gang quys say a Lot ef, don't you think? Drive-by. Rifle, guy coning by Siosly In a cae. that's when he looked. And it was three Mexicans. Tt wasn’s this guy. hy in che World would He. ortiz gec up there and say it waz not Me. Anditen LE dt wae? He killed nis Febeed and tried to Kill hin. L. Katherine Ingersoll, C&R No. 24830 a u Fe ae 48 9 20 aa 2 4 6 2” 28 1739 The diateiet attorney suggested once again by sone of her questions: On, well, T quess the 12th strect gang wants him out ao Ne can gat him, This guy gots cut of jail. The €ivet thing te does is boogie to Englané o: to other parts of tha world unkown. ake hia cer stealing Dusinass and wove Lt on sonewhere else. tn Jall, he's a sitting duck if 42 Street what's him, 12¢n Strost’s got him. Shank. Strangle Ais. Phoy HIT him for tne cana raacane PRAT Mee. Ansiton was SFOOE UP aboot Cherryiile having accass te har other soa in che Youth Authority. 1f Mz. anditin Informed on Chazeyville, he’s a eteting duck in jail. ‘Uhe evidence i@ chat, thet the surviving vicvin, seys: This isn't the guy, You can’t change the evidence. But there's nore: ‘Thare's Cladye Teoxel. Gladye Teaxel cece the car aueped just minutes after the shooting. The night that that nappened, she tells the police: I believe 1 would be eble to identity those people Af T saw thon again. ‘chay take her down and show her pictures. they slow her pictaras of a bench err cherryvilie geng menbers. Aa Detective Cole told you, Mr- Anditen wes nat in those pictures. mz. Sogura, Me. cabrasa were. Now you" eee pictures of Mr. Segura and Cabrera hanging out with their gang gays end guns ard scuff. What doos she do? ho didn't ideatisy. What did ahe do? nat was the costimoay? Sha would look at some of the Ly Fetherine Ingersoll, CR No. 2443Fry a as uu as 16 nv ae 1 20 aa 22 28 25 26 2 26 amo picturas, look ab ft real quick and tura the paye real fast. Then, meh lates on, whe de chown a cartes of ele photos, are of uhon Le Me. Anditon, she says somebody else Kind of leoks Like one of the guys. the guy thar was @riving, That's what sie said. But nobody else in those pletuzee Locke Like Anditen, Mr. Baditen's picture was in. Tan. wor tan. Tt was @ picture of me. anditon tron Rack them. flack and white picture. Maybe she got confused, Tt wasnt tanne@ and at nighttine cho could See hia tan. No way around ity Notice when che walked inte court? she waa upset wren ane watked through that door, at first. she was upset, She cane up here and she vat down and she visibly calmed. And when tho district attomey asked her if that man avor there ix the guy whose picture che picked out, sho Looked at tim and seid: No. she wasn't crying or apset at a1L then. Frobably because when sie walked through thet door, thie wenaa ig not an experienced person in the cxinina Justice aysten, she protebly theught che was going to sae tha Urea kitlars. Sut wnen she Walked in and none of them wan, there, she calned downs He's net one of the guys that duneed the ears I con't know what the apin o¥ the twist is going to be on that, UL please renenoer tha tacts. ‘The evidence Also keep in nlnd that none of the people seeeribed by Me. Troxel or anybody alse vos fous-feat seven Inchas of 4 nidget, ioag hair coun ta the shoulders. It'a evidence, 4. kathosine Ingersoll, CER Wo. 2443Fey a a a u 13 16 a 1a a 20 an a a 2 23 26 a 28 apa This, ladiag and gentlenen, 18 the evidence. What do the Feople have? They have a gisl who eays the ehooter was a Light aktnned Maxtoan who was lookin’ as this car went by hare and turned nere trom up here, wae Lookin’ et ‘tne driver's sida of tue car and then the back of the car fron way far away ae we found cut fxen the distance dovoriptiont by Officer Teeie, What elze do thay have? Ove evidence is that twe 0 witnesses sey Me, Anditon is not in the red Hyunda! when Danny Wustade was ehot, when Mande Otic wae shot and when minutes later the ear war dropped by the killers. one evidence ig Colin Anditon know where tae Rurder happened, Our evidence 19 Colin Andtton brags about a purder he Gidn‘t connit, Our evidence ip he bragged to Mighael Standon about ac much ag he could zononber end invent and none ef it was violence thet was reat. uch of it wae shett waten was reat. And our evidence is that Colin Anditen is 4 thief ineluding 4 thief ender the Law of leather jackets bar not @ marcerer. would Like to close with some logic fran the late former Suprene Court Justice Thurren Marshall, & men who spent noct of hie Life azound the criminal Justice eyaten. He said regarding problens regarding jailhouse Angernants: The peessuzes of custody wake a suspect more Likely te confide In others than to engege fe jallhouse leravads. Waove a suspect 1¢ iaesreersted, tha constant threat of pnysical danger peculiar to prison environment may L, Katherine Iageesell, CER Ne. 244940 2 a au“ a5 16 n ua 20 a aa 2 25 26 a” 28 ane naka Le Cenonstrats 11s Lougmass to other Inmates by recounting or inventing past violent ects. tix, Anditoa is auch an inventor, Mr. Anditon te Please Just look at the tacts. ‘thank you. HR COURT! We. Rbejioay Jadios and gentleman, we wll recess for Tunch at tMis time, You are ctl reninded of the admonition not to fosn any opinion or conclusion ox this matter. De act conduct any independent ‘investigation. oe not visit the scene or discuss this matter. Return peonptly at 1:30. satura at Lunch. Counsel and defendant are ordered ta return at aaa, {AC 12109 p.m. 8 races was taken to 1:30 p.m. of the sane day for further proceedings.) 4. Ketnavine Ingersoll, CSR Wo. 2643avs 2) pompen, CALIFORNIA WEDNESDAY, MAY 19, 1993 DEPARTMENT EAST Mow, ROBERT A. CURES, Tune a 1:65 pom. SesstON 4| aPpEARANCES: (As heretofore noted.) 5 (1, Katharine Ingersoll, CHA NO, 2442, G£ficiel Reporter) 6 7 WHE COURT: Defendant and coantel, ali jurere, notn 3| alternates are present. ° At this tine, Ne. Anckex, you aay give your ao | semettal. n MS. ANCKER: Thank you, veu= Hones, 2 ‘Good afternoca, everyone. 43 (the jury responded. u ees ciasing simaarrot as | sy us. ancxen: vv Just before we broke for innck, Me. Abajien as | qeotas yoo from Justice Thurman Marshall, cortainly a vary 1s | respectea jurist im our tine. Justice Mazehall warned 20] acainst jaithouse Intorrants, contessiens pecause there 1s 21 | cone kind of innate pressure about being in custody thet 22| makes people waat te boast. 23 That warning 1 sevid suggaze te you goas to 24| people who cone Into court and say the defendant told me 25) this. the defendant told mo that. Ladies and gentlenen, we 26 | heve auch, much soxe. a Hr. aba)ian haé stated that I’ve blow snoxe ena we 2B] T haven't concentxated on the facta. Katherine Lagersoli, CSR Ho. 24632 24 as 26 a 26 174 Twant to taka the noxt fey minutes and tale briefly about the law and then primarily about the facts. Fernaps I can change Hr. Abajlan‘s mind, Tn this cace, you've got the videctaps and aa sudictape fron tue separate dats which are very, vary, Jengthy, se that you see and listen to che actiteds, the cenannor and che character of the statenents sade by the defendant 20 thet you con decide whether or act he was being truthful when ho nada the statenents he mada. Now the lew alse warns against what Justice Marshall warned. And the Judge nas reac you an instruction under the section governining adulsstons and coafessiens, stating that evidenca of an oral confession or adniaeion of the defendant stowld be viawed with caution, ‘nat cantion goes to staterents that are made te another person with nothing but that second person's recitation. You have got the audiotaze. You have aot the videotape. You've got a transeript “0 guide you through those tapes. Hut please Lteten carefully because 1m sure you will be able to hear more than what is mezely on the trencoript. You will bo able to £111 in aona of those keyholes and thoss key questions places. ‘RIS Is noo the cype of evidence chat you Reve be view with caution because you are not relying en saueoae sles ropeating information. You have firat hand the information that the defendant statod. ‘There’s also an instruction that talks about wotive, and it te quite clear, Jadiea and genticnen, that L. Xatherine Ingersoll, CBR No. 2443745 whether it te a petty theft or a murder cage, ona of the slomenta, but 4¢ is not ny burdan te prove, is motive, Tt 1s not necessary. 1 don’t have to explain to you why this exins happened st all in oxdes for yau to Find guilt boyord a reasonable desbt. But in this case {t just sa nappena that you've, gor nocive. You've actuatly got a couple. And although 7 do agree with Mr. Abajian, T think it {s very sad and pechees silly that saueone could Jace thele Life aver an fee cream cone. Te cortainly {g no sillfer shan losing your life to the assoclations of rival gang menbers due to che fact thas oe sar eon aa Pee a ss ww avondale oe “Te ———a 2 25 a 20 1746 buddy. qo give them confidence when they vent out on a kALLing spree. Now, when I’m done and £ finally sie down the Judge is going to glva you some concluding Instructions aad ‘thon 16 w111 be_your Job te not only dstermine what the facte are bat to apply the la to chose facts cmare are four charges tn this case with some special allegations; and, ta mun through then, T Just went te sake 9 few ainuteas 3 you find hassd on the facte that you are about to ravlew thet the defendant was in that car, shot that Az gauce pumped gun and killed Dan Huctado, he 18 guilty of Count 1, the 197. we‘ glee guilty of Gount 2 the attenps murder on Mando Grti2, and he's guilty of personally using a fizearm, one of the special allegations. He"a guilty et shooting @ fizeaum from a uotor vehicle, one af the special allegation. TE you find that he wae in thet sez and he helped plan tha surier, te steled the car or ne supplied tne gon, he ip still guiley em both those counts. TE you Find that he went along, participated in ‘the mortar in order to kelp revenge "Shorleck‘s" daath ia order to gain favor with enarryville gang nemers, in order to boost his Eriend’s reputation In the chersywlile czng, then he vag acting at the benefit of, in association with & criminal streat gang and aa Ls guilty of the 186.22, the sang eliagation, EE you find thet -- te. Abajian hes admitted. Ly Katherine Ingersoll, CR te, 264310 a Fy aa ue a a 20 a 2 2 24 2 2 a 28 nett 9 1 don"t think thore ta much doliboration on Counts 3 and 4 1 yoo Tind het ne etther went snto that keath, ta0k the jackets or that he waa standing outside acting a2 @ lock-out for the aope oF cocurity, thon ho ss olther a Prinkcpal or alder and abettor and ne Ae guitty ot commercial burglary. har Le the evaluation you'Ll have te go though once yeu are done analyzing and dacidieg the facts. Let's talk abou: the tacts. Mr. Abajlan has talked about the Location af the Killing. fe stated that Uke defendant made it crystal clear that the kLlling, af far ae the dofondant knew, was on the commer of Grand ant sharkey’s Park. T wank to Just reed to you for a moment tron the ‘teenscripts. You decide if this is erystal clear (Readings) Park goas Like that. And than there's a tucking strset right there on the corner, you know. Tt goss down. There's a park right these, There's Park Stract. thora’s Grand. Cone down here. Right there an tha sorner. Ye con't see what he’s doing with his hands. This fe fron the cudiotape. Hut Le ie clear he’s making seme Kind of deseripticn co Michael Standen about the Location e's taLkang ascot. He dowsn’t Kew the mane of Githe Stree: but it is clear that he auite close. He’s belkin about Sharkoy’s ask and he montions cumming several comets going La. Ketherine Ingersoll, CSR Wo. 2443a a u aL 4 as ae 1 a 20 2 2 a 24 35 26 2 28 srs down thave going over haze. Again, on Page 48 of the audio transcript. (seadtog:} We got dom there. cruised. ve ont up through 12th Street, which Je one black. Got back ante Park. Wont ground ente 11th street, went back down Fark. Mado a right. wade a legs on Grand. cruised real slow along the Pack. Tou know that first street that gous elong, you know, the straet char gore sroand the park. Well that’s Figst street, Ar. Abajien claims that CALs was an Jndividued who mew the city well end if ke knew where he was he wouldn't get the location wrong. Look at the map, ladies and gentlonon. There ta no rirst Street of Sharkey’s Fark. he cefeniant at the tine hed ten Liviag in Ponona for approximately ten months after returning fron spending sonstine in Englend. You heord evidence thet he lived Jn Pomona prior te that as well in a uirtarent location, He doesn’t know Fonons very well, He doean’t knoy that Figs Strect decsn't rua nest te Une pach ond he was describing the beet he can rosanhor, congidesing he wae Stonad at te Gime when he shot at Danny Hurtado, Now it 1a important, ¥ think, that we know be was stoned at the tine and I cesseiuly weulda’t ney to tell L, Kathorlne Ingersoll, CSR No. 2443ao a a ry a a6 a a8 as 20 2 23 a9 yoo that sone expert would cone in ere and would sey souvoae ander the influeass of marijuana, they ferget vhare thay aro. I don’t believe is that true. 1 doa‘t believe anyone doce. But consider tnt ‘the defendant cried to tell you that when he sucked marijuana ha felt happy. Ke got hungry and then he gat tized, He also told you the condition of his ming, Rig montal statue, the exact sane as it was whon be was tuber or aot so. Well, Lf that’s teu, shy fa the world wouta you smoke the stuff in tha f{re: place? Use axa your eaten sense. xen"t tne unole point te alter your montal uate in vrder to make you happy, forget your propians? Wo wos In ar altered nontel state, not drastically. Me wasn’t lost. He @idn’t forgot but he didn’t Know the nare of Gibbs Street, so he deeribed st. You can geod Ik on the transeript and yeu can, inagine nin drawing on the banch ox using his hend when he’s describing where he was te Michael Standen, IT he had actually yaad tha: newspaper article and if he was actually bragging to Michael stanaon based on the Information in that newspaper axticle, he would have gotten the sddreso right. [t's there, Et says on the corner of Grand and Gibbs. me eae ped southbound an o7heis Fe] 20 a, 2 23 4 25 25 a7 20 This newpape= article that you will have in the Melikeration zoom Is 2 very important ploce of tha defense defendant got, so he clains. che efemlent seve he took this nevapapor article in'the vhcle section in which Lt appeared and took 4¢ over to tiie Ortiz’ house Saturday morning. Luis Ortiz never said thar. tn fact, Mir. Anajian never even nskad Wer. Tais Ortiz 1 ha had seen this azticle. Ack yosresivea, why net? Because luis never did becouse the defendant never brought it ever. Mz. Rhajian suggested that the shooter uke actually snot Danny Kurtade would not have bean cble to see where Mir. urtada wes Nit, Well, T would suggest othexwise, Beceuse in ‘Ms. partiewlar case, it is net a situation whera ono cay slows down and soneiody pops our o the car, bang, Dang, bang. The car speeds aways ‘ho rod Hyundai cama te a full end complete stop In the intersection. mne defendant pulled out tha gun, fired thvee tines from a completely stopped pesition. that rarsz balict, that first shotgun shell hit Danny before Ranay Nad @ chance to xan. Tf the feat ong hada’ hit him, he would nave bean nanind ene van with Hands Ortie. The fleet snot nit Mim. whe defendant tinea two more tines. We Know it wat ¢ bloody shet. We heard about Dheed. Wo hoaed the testimony fron the corner. le saw thak shotgun shell hit Dany Hartsde, a maw tha blood and he later described 1b to Michee! standon. He aidn’t get that information feom che nowapaper acticle. By Katherine Ingersell, cst No. 2433ty an a2 aa “ as 6 ae a 20 a a EN 24 as 26 27 28 1752 How Me. Abejian ip algclutely right about one thing. the defendant 5 sna to hava nado sono vague claim nat he snot ana Killec an tncividuel by the name of Joba Huddleston. We know thet'a not true, I want you to 100k very careful at the differences in the tno murder stories because t think those differences wi}} prove te you why ho telling the truth about the shesting or nanny Huxtade. He mentions Jona unddleston in tite places end only during one cenvercation the audiotaped convezsation. We heard fron Michael Standon, Ho novar mentioned 1t in Riverside county ail. He navay mentioned it fen the videotape. Wo also heard fxem Michael Gtandon basse on hie abLLIty tO view the deneanor, judge the credibility of the defendant, didn’t believe che defendant wnen ne was talcing about Jonn Huddleston, Me did believe the defendant when he waa taxing shout Danny Hurtado. ‘one first tine he mantions John Huddlostoa it ie in a resyonse ta @ question by Stanzon. You maan yeu want back and got that guy? it was Standon that put the Idea dn Dis head im the fret placo. ‘Thon the defendant gece on to Ne has @ newspaper eligping and that ha chet tho brother of Jerry Barker sonawhere on White By the rire stacten. Zook at the map, ladies and gentlemen. the five station isn't even directly on white Strect. Look cavefully at the mars ond et the transcripts, see If you would neLieve ate ha Kethecine Ingersoll, csk to, 244520 a 2 24 25 2 2 20 a2 We mantions {t again waen Standen aske: Is that the guy you shot? The defendant zeplive: No, his brothex. And it 46 Standon that makes the infoxenes that John duddlecton war shot and XLlled by asking: Johe, gone John? And thay ind of Louch. You can hear 1b on the tape. And che defendant sayat John ie gone. In response to standen’s suggestion onn 1 gone. Later the defendant makes sone vague vaforence that the pollce ove after him for a 187{a) murder. anc ne = fon to guess. dnd he days: 1 guess dohn’s nom told then what John held a gun t> ny head and c@ the police put two and bro together. ‘Those are the only references. You ean see in your reviow of thon, they are net clear. They ere aot Getatied. ‘whey are vague and they azo clearly Lica. Conpare thea ro the daseription of the shooting cf Danny tustada, Before wo talk about the facts, specifically in response to sone things Mr. Rhajian sald, 12 ig eocrect vhen I stated tHist the defencent dic not take responsibility for stealing the red Myundai until he got oa the witness stand. ‘The information’ thet you have, the ease of whlch he qucge took Judicial rotica involved pleading to a count of 496 recelving stolen proparty. He adnttted ny plaaaing ta chat, thet he had been in possession of that car; that he had been Joysiaing. He did not admit by pleading te that chacce that ne ad stolen 4 car hecanse na refuses to take L. Katherine Ingersoll, CDA No. 254310 n az a3 “ as a6 wv 1 19 20 aa 23 Ey 2s 25 a7 29 372 esponsibility. Tt is alee net tous that the defendant mentions Mark being present curing the murder 4m to conversations. The only evidence we nave OT et Le during the conversation thet was aot teped in the Riverside County Jails 3 would auggeat to you thet the zeason he brings werk into this crime 1s that he and Mark had Jost had an argunent vith i2th Street. Mark nad Just nen numiltarad ny Losing this argusent getting sone Lee ereay cone shovad into his face. If anything, the defendant te tkying te bolster work's repatation ana protect Mark's ge by putting Aim jnvelved in the crine. ‘When he talks absut the crime sone eignt months Inter, two different occasions, ke conistently says: Me, me and luis, m2 and th tuo Maxtean guye which ao Luts and berry Cebrera. Now to talk ehout the facts. Ik te tho Pooplo’s position thet it is simply Anconzeivabie to Relieve that the defendant correctly stated so aany of the facts simply based on a recitation by Larry Cabress endo reading of newspaper article. 1/ve mice a chart here to maka it a Littie bit ensiex te joy your memory and to have you aatinoeate The left sie of the chart indicates what the witness has testified to, the right side of the chart indicates the vords the defendant used. They ace taken fson the transeripes. tre page numbers are included. "A" stande for the eudictape ent stands for the viceerape, I want katering Iagersoll, CSR No. 2442to take tha nest fou minutes to go threngh this, ‘Whe First thing ve lmow fron the witnesses is whet Donny and Wance vere in Washington Park getor so the murder. wanda told you thet fron the witness stand. We know thet on the audiotape Page 37 and 39, the cegendont aaya that soneone went dove thera to check out the park, referring to 7) wesutngton Fark, came back and said that Danny Murcadn was 6 | down tho: s We know that the Hyundai was exazaeund an Grand 3¢ | avenue asa¢ on ail of the eyewitnesses who were thera. The 11] cexendant puts the yundel going Lert on Grand tron 12] sevthbound on Pack. That is going captbourd on Grand 12] avenua. ancther fact he get correct. a We know that there vas 2 moving van packed on 4s | the south side of Grand during the shooting. 16 Now theze’a been debate ebout that ven. ts it a ay] eruck or ie st a van? You have 2 photogzagh of 4. Dut it ie] ts ingortant ta note that Mando Ortiz also used the weed van : 15 | nen he was is cr AE and teuT=e ran eresFr a a a“ 1s a ao a 2 22 23 26 a 2 wow cartatnly Jeep Chezokea Len’t particularly smalt, but compare tt to tha vehicle its closest to. Tne moving van. Tt doesn’t look perticulacly big either. we know that the defendant know that there wes ancther cat eight. there 1m tne vicinity because it couldn't choot at Mende and Penny when wa wanted the van and car wore in the way. that's why he renenbers that Information, fron kenory, fron being thave. Wa know thet the Myondai stepped before the shots were fired based on tne eyewitness testimony. we know ‘that the defondant says "ho", referring to the driver of the car, etopsed. He parked, Wo know that the car was parked Sdagonally in the intarsaction and you can ove that again. Te wap dawn in by Steve barra and court exhibit number, tho large diagean, We Imoy thot the defendant eaid “he”, ageia xeferring to the erivar, vas turning tha corner. Ho stopped at the comer, Mow we know there was sone yelling going on. Wr. Abajian has euggosted 0 you thet that is just a is Because none of the eyautenace thet tactifiod in cours gaid ‘they heard enything. But think aboot tno lecation of these witnacces. Mande Ortis was come 125 fast away just before the stots vere fired. Delia and dostrics Vargas wore aosses the strest in their front yard. steve varra was some hundred fect avay in his vehicle. tHe certeialy would not be eble to nase anything the driver ox the pessengers of that 4. Katherine tngersoll, GSR Wo. 244310 a 13 as as as u ae 19 2a an a 23 a3 a5 a 28 od Hyundai vexe yelling. We nme that Jilis wade sone reference that it is weak if you are doing a drive-ty not to yell out your gang nana. He said: If 1 was delag 2 drive-by, I would yell out my gang name. we know that on several cceasions the dafendant elsined he shouted, the" being the defendant on sone occasions. On sone eecacions he sald ‘he", being the ctiter guy 1n te car, shouted “Cherryville, motherfucker". We know tne eyewitnesses said the individuals locked Like Mexicans, three nate wextcans. We know that the defendant clained co have Gressed ike An aseey: He deceeihes the blue Pendleten he was wearing. We know that the eyewitnesses eatd Steve Yoarrs owplicitly aald thet the passences was sitting with his back hitting tha dashboard. He shaved you heza on the witness sbend the position he saw the nands coming cut of tha car. Hou the left hond wes closest te the door of tne car. How the individual was pulling the trigger with his right hend pumping the gun with Ais Jef hend and sitting in the passenger seat with his neck agatact the dashboard Byowitnees testimony. Listen veey, very cazefully to the eudLobape on Page 15. It 4¢ not complete in tha transcript. Bat T believe 1f you Listen closely, yon will hear tha defancane say: Tw Asening oa my seat wish y hack up against, something that T aen’t disco. L. Katherine Ingarsoll, CSR Ne. 2443a0 a aa u as as uv 1s a8 20 24 22 22 24 25 26 a 26 1157 Wo Enou thar tha ayeyitnesses al), eau gonanoay stick buth hands and the shotgun out the window. we know chat the defendant claimed on a couple of cccastona: 1 loaned nt the window. F just leaned up out she uladow. ‘the eyewitnesses saa che snoctar was nor wearing gloves. They yare syectfiesliy asked: those hands that ware halding the shetgun, did they have gloves? No. Ke. they didn’t. me defeadant claims na nevat wares gloves. We know that Daany was AI In the heck of the head, in the back of tha chesider, based on the eyevitness testimony and the coroner's cect inony. ‘he detendart clains ta nave Rit ehe wictam in the back of the head, the shoulder and the back fron 125 test away. A lot of blood reflects three hits. once again that nevspapar article says correctly tho back of tha head and the shoulder. 12 che defendant wee simply cepeacing something he had xoad, ho would have gotten Lt right. we dida’t read that artiele, He vas salking fron menozy. me chart continues. he witnesses sald that Danny fell Torvard wen he was hit in the beek, On ene videotapa on Page 31, wateh it, The Mefendant dascrines ~> ne denonstrates. He's atending up in bie chafy and he felis forvacd imitating the accion of panny. Ke alec mantions it on the audiotape that the shot knocked him torvara. EL. kathasine Ingonsoll, CsA No. 2443ao u n 1“ 15 4s n 16 1s 20 a 2 23 a4 a5 26 2 Wa know that all ef the witnesses heard three shots. ‘The defendant claing he shot him four tines. As T've suggested to you, che deraniaa: grancea shotgun shelle when thay decided to yo do this drive-by. hey don’t a13 natch. We know one was a couble-aught back that Is what nit the victin’and killed him. We know one was 2 Wo. 4 Lite “= I'm sorry -- was 8 Mo. 3 Lite and cre une @ No. 4 and that alt three of those cartridges could be fired From the conc gun. se alge kaw that chere was a fourth shat, one of the shargun shelis wae found uadar Lute Grtis’ washing machiazs Ona of chem ¥aa found in the car. ome of them war feund at tho ecene ond one of then ip stil] soueviere in the gun, Four shells. But che of then cidn’e end up an tne gun, ce ended up under Unis Ortiz’ waching machine instead. That's ny tha defendant believes ha chet four tines, Ke stpticd ‘the gan but ne nad only gotten them shotgun shells in there. Wo know the defandanz, the vietin Canny Kertado, was ALG twice, wo pellets, the defendant Znans ne missed ot least ents because he admits that tho fourth shot missed the victia, 1 shows tne consistency botkeon the Facts and the recitation that the deremient gtves: Wo knew that the victim bled a lot bagad on the festimoey of tho ceronar and ef the eyewitnesses. Tine and bine again the detendant refers to eli this blood. ALL this sorsy bleed. He wes bleeding everything wners. there waa bleed a11 over the etract. There waa actully kdwed ell over 1B. Katherine Ingersoll, CS® No- 2482nn a “ 1s a Fy a 20 a aa 2 25 26 at a an59 hat €rem the photageapna, We Know based on the testimony of steve Yoerra and Yando Ovtiz that after Danny was shot he wan still alive. He laid on that sidewalk until pasnedies cane and rushed hin oft to the hospital. steve Yrarea knesled there with hin. Mando ortiz stayed there with hin. what we knew, he waa moving. hoy beth teld us that. Wa waz crying te epeak. He wasn’t succesful but! he kes laying there eying, moving, grasping for Life, The Mefencent efers te iis body evitching. We know fron Warde Oxtiz that he tried te push Danny to got him cut of tha wey to elect kin there was danger because fando saw the gun tirst 0a Page 99 of the audiotape transcript, the dofonent cloarly states that he, referring bo Panny, not Mando, he tried to jump behing thc van tut he had na way of making it. Defendant says that because the defendant saw Mando pach Denay, say Danny qove in tho direction of the van, Danny uasa’t fast enough. We know the gun used was a pump gun based on tho description of the eyewitnesses, what: they saw cone cut oF the red Hyundal wiadew. ‘The ceterdans elaine that he wead a purp-action Sikeshot. Mo. ‘That thera were 12-gange cartricges fired found at the scene, found Inside the car. the cerencant speaks of a 12-gaugo gun, We know counle-aught buck wae mad to kill the b. Eathorine ingersell, CgR Me. 24431 aL a a “4 15 us a a u 2 a 2 a 1766 victim pased on the tastinony ef Netactiva Frank Terrie. uo You cenember hig denonstration? You'll have Ris exbipct In the jury room, the pallets to look at and ts compare to the autopsy phetographe, if you wish. we know the defendant talked ancut daoble-aught, Jbuck petlets and described then as being Like lange Deabees. We know that wando fan and dore behind the moving van. hats now he avoidad geting Ait. ‘the defendant said his retend tek ate sunaing. We hid behind the van. We kuow thet the car waa dumped et Elveod Streat at approninately $110 based on the testincny of Gloria rexel, not as Me. Abajian cuggosted Just aonoats a€cer the shooting but about twenty-five minster later. The defendant, when aoked: pid you dunp the car right avay? Ho saya: Yes. The car was dumped right anay. Meaning quickly thereafter the suzdax, net houzg later. whe know thai tha car was duped on EIvecd aboar. five hours, on Dudley based on the description of Gladys ‘Troxel and Dotectivs Nore whe sav the cer parked theza. me defendant says the car war dungod on Dudley. once again, the newspaper article saya the Hyandal ves found -- the myunde! or Mitsubisht was found on Bleed Steset, If the defendant wae bragging based on information a a ee ele awb a ay a a5 1s a a0 aa 20 a 2 a a 25 26 a 20 aye Mo said 1¢ was dumpad ar Ouclay Decause he xemeabers dumping 4 car close to Dudley, driving up Dudley, tuening eight on sone anal stzeet, getting out of the car, Now it de uareasanable to believe that the defendant would renather all thesa faces ff they uora told zo hin by Larry Cabreza while the defendant was stoned. Renenber, he claina Lazry cama back after Tuli and 1 were sitting in the garage emoking. Wo waze Agh. wo Split two Joluus, Larcy cones im and tells us abour ents shootings Tt is unreasenable to believe that Larry Cebrexa wonta have told him ovary eiagle one of those facts, and it ts unreasonable to believe tnat the cctandant would reminber those facts some elght months leter Lf Ne was stared when they vere told to him. tves if ke won't atoned when they wore tora to nin, I think it te unreasonable to believe that ae would remember then, In sddition to the fact, the fects fron the srangeripte, the facts from the witness stand, we haya soma Physical evidence to support che dafondant‘e Lavolvenent . Now you are going to get the things T taped up howe back in the Jury oor. F just took che Liberty of Jabeling than. Me nave Court Exhibit No. 27, T heléeve, a photograph of the defendant caken io 1990 holding two Eixearas, onc of them matching the descrlotion of the murder weapon. Now, you have sone otnar pletuves oF gang L. Kathesine Ingarsoll, CER No. 24436 a a2 aa as a6 n as as 20 a a 23 24 25 2 2 362 mesbers holding guns, too. This in and of itself doesn’t mmake the defendant quilty. Tt corroborates his involvenent, his knowledge of guns, ‘hie knowledge ef gangs, ALE fascination WIth the gang culture. His fascination with guns and his presence during the murder. How the defendant told you fram the witness stand that Deefes Bell told you th{e gua didn’t work, Dosdoe also Lestiflad, Lf you recall, she naver clains to have fade ouch a statement. We alee have the six-pack f2un Gledys Troxel. Now certainly it would he nlse if Gladys Tkoxel world hare Identified tne aerenaane. ¥e wouldn't ba haze. She didn’t. But T want you ty look very, very, closely at enis six-pack. The defendant 12 shown in photograph Ne. 3, Look closely at im, He looks different than he Looke teday. Lock closaly ft the photograph In No. i which 12 rhe pastogzaph Gladys Teoxel identified as being one of the individvals who got out ef the caz. That photograph is stefchingly similar in appearanca to ue. Colin Anditon. th 18 also important necause a1 of the witnesses cleimad that ft vaa three mele Mexicans (n that, cer. The defendant 19 xeeting on thet claig: Tt wasn’t me. three Nezican guys. Taree gang gays. I didn’t do Lt. THIS person in protograph wa. | is = Caucasian mele. You can see that when looking et nim. Gladys Troxel Looked at this six-pack approxinataly a yeer after she san that car and s@ looked at it again in court and was eure that this individuel locked very similar co soxeone ene rac 1. Katherine tngereaZl, CSA No. 2443seen get cut of the car. Yo additioa, we have the cefendant’s fingerprint. Row he wants you ta helieve chat his pale print was on the SSRE Gar Mepause he stnted HF764 2 | am accurare raprasoncation of tha uay ene defendant looked on 2] that day tn banning when netective, oore went te speek 20 3| nim. ‘ Look at thie photogeaph. Thinks shout the 3] testimony of the wicnessax and contider Delia Vargas. she 6| Loid you there were three Ltght-skinned males in tne car. 7) she first sald she didn’e know what race thay were, but thea a stated at sone point in sie eho had aid thay ware Mexicans 9| bas they were ignt-akinned wich bzown nals. ‘0 showed her this photograph ana she seid: Yes, LL] Light-oldnned 1ike ths a Think stout the facts. Think about the physical 13) evidence. u EE we hed a positive identification, 11 nando ye 18 | Oste Aad cone into this courtcoum and seid: That ary right 36 | there dia it, we wouldn’e be hace, Wo wouldn't be having a BP | tedel. This 19 not cut and dry. ‘thie requires shaaght. 10 But when you consider sone twenty-five te chizty 19| facte, facts defendant got right, when you consider the 20 | eorvehoration of the physical ovidense end you'll get all 21 | chat sturt in tre jury room, and uken you review the doneanae 22] and his attitude both on the tapes and on the witness atand, 24) I believe that you will fied him guilty as cherued, guilty 24) beyond a reasonable daunt en 41 counta. 25 Thank you vary much tor yaur patience in thie 26 | case. eo THE COURT: Thank yor, Mo. Ancker os Ladies and gentleman, before I give you tho EL. Ratherino Tagersoll, GOR Wa. 2443wo B 44 45 6 uv ae as 20 a 2s 4 25 a ae 355 concluding Instructions, T want to nake tvo comments based upon experiences with other jartes. As you've aleady beon Instructed, you must base your decision based apen tha evidence tat has been procucad sn this triak and not tron any othe sources 0 T went to cnphasize how npreper would it would ne tf mey jaror brought inte che jucy xoom any type of reference miterials or materials tnan wha has been adritted as evidence in this case, Secondly, at timca jurors ez juries while Geliberating will, ask to view pelice xeperta that may have been referred to during testinany. Insofar as the soporte fase In evidence by part of testimany, you are tree to consider thom. at the reports thenselres, unless thay’ve been admitted inta evidence, are ast pert of tho evidance in this case and you are nok to speculate as te vhat may be contained in those xeperts. PINAL. JURY INSTRUCTIONS bY SME coURT: (reading: ) X have not intended by anything tae 1 hava eaid ox dona, of by eny questions that T nay have asked ox by any ruling that T aay have mace to intinate of suggest what you should find to be che facts or that T believe or disheliove any witness. If anything 1 have dona or sald das seemed to 90 Indicate, yo L. Katharine Ingersell, C&R Ne. 2443WiLL disregard it and form your ova conclusion. The purpose of the court’s Instructions is to provide you with the applicable law so that you may arrive at a! Just and lawful vexdicts Whether gona tasteuetione apply, Wi1L depend upon wnat you sina to 52 the facta, Disregard any Instruction lubich epplisa to facts determined by you nat to exist. instruction has been given, thet Ean, cxpraseiag an opinion aa to the facts. ‘ho People and the defondant exe entitled to the Insiviaue? opinion of ech jurer. Each of you aust consider the evidence for the purpose of veaching 4 verdict, if you can do es, Fae Of you aust seerae tha case tor apse10 n ae a3 6 15 16 a ae 19 20 a 32 ze 28 25 26 2 26 faver suck @ decision. Do not deeide eay inewe in this case by chance euch af by the drawing of lors or By any other chance devezainetion. The attitads and conduct of jurers at all tinas are very important. It 13 rarely helpéul for a juror at the beginning of deltberattons to express an enghatic opinion oa the casa of to announce a daterninatloa te stand for a certain verdict. When one does that at the outset, a conse of pride ney be aroused and one may hesitate to change an opinion even If shown Lt 1s wrong. Renamer, you axe not partisans or advocaces tn this matter. You ace the inportial judges of the tants. an your delineracions, co ant Giscuss or consider the subject af ponalty or peaiehsent. ‘That subject aust not in any wey affect your verasce. The tostcuctions which I am now giving te you will be made aveilable in written form for your deliberetions. ‘They must not be defaced ta any way. Ly Katherine Ingersoll, C88 No. 2442apa Oe2a Ey as a 38 ares evidence end not be influanced by the fact that ether jurors did take nets personal use In refcesiing Lis or her recollection of the evidence, Finally, ahould any discrepancy exist between 5 Jarcrs’ recollection of ‘the evidence and Ais or her notes, ne or ghe may sequest te read back the ralovant proceeding: and the transoript. mast prevail over the mater. You will be permitted co separate ab tha xesesses, Dering such perteds of recess, you must sot dircaza with anyone any subject connected with this teial and you must net deléberate further upon the case until all twalve of you are tagether and reaosarbied in the jury room. At such time, you are se notify the clark er balaice thar the jury 1s reassembled aad then continue your delinarations. You small nou retize and select, one of your mumber te act as foreperson. He or she will preside over your daliberation: in order to reach verdiets, all twelve jurane must ages to the E. xatherina Ingarsell, CSR No. 2443ast 1 decision and to any Eisding you hove “3 boen instructed to include in your a vardicr. as coon Af All of you have 4 agreed upon a verdice so that vnen 5 polled cach my state truthfully that 6 the verdicts xpress hie ox her vote, 7 nave then datea ana ssgned by your ° foreperson and then return with then to ° this courtroom. Return any unsigned » verdict forma. a Plosza cvear the ballise. ry IRE CLERK; You do sclemaly sear case you wilt take 13] charge of chs jury and keop then Cousther: thet you will not. 12] spear co thom yourself nor allow anyone else to apenk to them py’ 45 | epon matters connerted with thls case except on oxdar of the 18 | courts and when they Rave agreed upon a varaier, you vill 17 | satura chen Inte the coast, a0 help you God. 1 we BAILIFF: 2 do. a THE CLERK! You do solemnly svaar that you will take 49] charge of the alternate Jurors and keep them apart tram tha 21 | jury white they are deliberting on the cause untLl ovnerwise a2] instructed by the court, 26 holp yeu Ged. coy We AATLIFEY 1 do. a4 THE COURT: Ms. Manzano and Mr. "nompson, waite the 25] jary is dn deliberation, yeu are invited co xenain either in 25| the natiuay or, if ft is gore comfortable, up in the jary 27] asseably roon. ox are not ta discuss thie case hotwoan 20] yourselves or with any other verso. Katherine Ingersoll, CSR No, 7443Ye ry “ a a “ 3 16 u 18 as 20 a 2 23 24 35 26 27 28 aon If you elect te teave the jury aacenbly roca oF the hallway to go to the snack baz or outaide far any short period of tina, plasee alert the jury cemmissionar so we will bo able te reach you et all tines. The zect of you at thie tine axe azdered te go. inte the Jury deliberation room to hogin your doldberaticna, The DATLUT W111 be with you shortly with ena insteuctions and thn evidence You aro alloved to teke a break in the morning and im tha afternoon during deliberations, If you get te the OLNL where you want te take a break, the hailiff can explain how te buzs, ce we can zelease you from that bzesk. At this timo you may bagin your deliberations. ALTERNATE JUROR THOMPSON: What should ve ca with the notes and novebook? mE coun’ The ballLff wilt behe custody of them 30 they can just remain. vobeey will bo allowed to view then ang they ean just ronan. (at 2:30 pam. the aurors comence their deliberations.) EL. Katherine tagerseil, CSR No. 2493