Disocovery that should have been used to cross-examine Target A

Henceforth, I will refer to the lady victim as Target A and the male victim as Target B.

As you can see from my previous blog, our chosen attorney did not object to many things. He had a lot of information at his fingertips. He had the same information that I am sharing with you. In fact, as the defense attorney, he should have more info that me. He should have furthered his investigation. Did I say further? What I should say is that he should have done an investigation.

The following is some of the info that he had. Let’s start with the 911 call. This does not reflect the entire call.

I emailed him the 911 call made by Target A. I do not even think that he listened to it. How I wish that I could blog it. On the recorded 911 call, Target A said that the assailant appeared to be around 5’7″. Target A said that most of his face was covered. She then said that she believed that he was wearing glasses. However, she stated that she could not see his eyes. When asked if she would be able to recognize the person. She replied'” Only If I saw him the way he was then. She also said that she thought the person was left-handed. (Please note that my son is right-handed. Also note that one of the guys that robbed my son at gunpoint was left-handed). You would think that this is something for the defense attorney to work with on cross-examination. You would think.

This is taken from her first written statement taken on the night of the incidence. The officer who reported to the scene is not the detective who later took over the case.

I opened the door- a black male average build about 5 ’10” pointed a black-automatic pistol to my face…I had no money to give him, he said ok and ran off. I did not see the direction he ran..

This is from the officer at the scene.(Not the detective who later took the case). This is some of what the detective wrote in his report:

Ms. Target A, described the unknown suspect as an average build black male, approximately 5’11”, wearing a dark colored hooded sweatshirt and blue jeans and a blue and white bandana covering his face only leaving his eyes exposed. Ms. Target A stated she would not be able to identify the suspect if she was to see him again. Do you see those words from the officer at the scene himself? Target A said that she would not be able to identify the suspect if she was to see him again.!!!!!! Hello. So far the suspect is 5’7′, 5’10” and 5’11”. What a big dissimilarity.

Copy and pasted directly from her sworn deposition. Our chosen attorney should have entered Target’s A deposition into discovery. At worst, he should have had the deposition in court and called her out on her sworn statements.

Q Can you describe the gun.

A If was very similar to what the officers  had on them that night, which I was told is a black semi-automatic pistol. And later with Detective XXXX, I identified something very similar to it.  And that’s what she told me it was, not too large,  but, I guess, a little larger than average, maybe;  black — nothing — I don’t remember anything  really shiny on it or anything that stuck out.

There is so much in her sworn deposition. So many times, she changed details of her story. I do not blame her. She was trying to remember what the detective and prosecutor told her to say. She didn’t realize it but she was being victimized by the system.  I am tempted to post the entire sworn deposition. But for now, here is it is. I did not feel like doctoring it to look better for the post. The numbers to the left is how depositions are done.

 

5 Q Okay. Can you tell me who called 9-1-1?

6 A The neighbor.  (Victim’s response)

7 Q Okay. Do you know his name? (She doesn’t give his name)

8 A No. He’s a downstairs neighbor. I don’t

9 know if he still lives there. (Victim’s response)

Our attorney should have wanted to interview him.

10 Q So he came upstairs — you came upstairs

11 called 9-1-1 and he give you the phone —

12 A He was a friend. (Victim’s response)

??? – What question is she answering.

Something about this is off. Also, she was suppose to be visiting her boyfriend after she left work, yet she had a dog with her.

13 Q Okay. All right. Can you tell me what you

14 remember next?

15 A I was in his room crying, everyone is

16 trying to calm me down, um, you know people are going

17 in and out of the room. I was talking on the phone

18 with the, I guess, the operator from 9-1-1 and

19 telling her what had happened and the next thing I

20 remember is they said the police are here and I went

21 downstairs and then they started asking me questions,

22 what had happened and I wrote a statement and that

23 was most of it. (Victim’s response)

24 Q Do you remember, did you write a statement

25 that night?

Page 21

1 A Yes. (victim’s response)

2 Q Okay. This is the second statement. This

3 is the June statement.

4 Give me a second here.

5 Do you remember the officers that you talked with

6 that night ?

7 A I remember one of their faces, but I don’t

8 remember his name. (victim’s response)

9 Q Okay. So you wrote two statements. You

10 wrote one that night and you wrote another later on?

11 A Yes.  (Victim)

12 Q Okay. Can you tell me why that was?

13 A Excuse me. What it was or when? (This is the victim response)

  Was that a difficult question? Check out her responses

14 Q Why.

15 A When? (Victim’s response)

16 Q Why.

17 A Why? (Victim’s response)

18 Q Yes, ma’am.

19 A I remember I was meeting with a detective

20 and she had me write it a few times. I don’t

21 remember exactly what they were for.

22 Q Uh-huh.

23 A It was usually after she would have me look

24 at a series of pictures or she would ask me again,

25 state what happened, keep on questioning me, so I

Page 22

would remember, so I wouldn’t forget when she would

2 ask me questions later again. We met a few times. I

3 believe that was why.

Did everyone get that. She wrote a couple of statements. She stumbled all over herself when asked why did she write 2 statements. See numbers 13, 15, 17. Then she told on herself in numbers 19, 20, 21, 23,24,25. They met several times and the Detective XXXX wanted her to get it right.

4 Q Let me ask you, let’s kind of start with

5 that. You gave the statement that night?

6 A Yes.

7 Q And Detective XXXXXX wasn’t there?

8 A No, she wasn’t.

Is anyone following this? The first statement that she gave and the written report from the officer at the scene said that she was unable to identify the suspect. It said that she could only see the eyes. And lets not forget the 911 call.

Detective XXXXXX wasn’t there. Target A story changed after meeting several times with Detective XXXXX

The next post will show how the lineups were given. Believe me, it gets better. Or should I say it gets worst.

Police Manipulation at its best.

Our attorney had all of this information at his disposal. He did not use any of it. In fact, all of this should have been brought out before the trial. He never even tried to have the case dismissed. We sure know how to pick lawyers.

Please post comments. I need to know that I am not going crazy. I need to know if someone sees what I see. I welcome all comments(positive or negative).

 


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